Pendakwa Raya v Pang Kar Foong

Appellant(s): Pendakwa Raya

Respondent(s): Pang Kar Foong

• YA Dato' Paduka Azman Bin Abdullah
• YA Dato' Azmi Bin Ariffin
• YA Datuk Noorin binti Badaruddin

• The respondent was charged with murder under Section 302 of the Penal Code for causing the death of the deceased.
• At the close of the prosecution's case, the High Court found a prima facie case but acquitted the respondent, ordering him to be placed in safe custody under Section 348(2) of the Criminal Procedure Code (CPC) due to unsoundness of mind.
• The appellant, the Public Prosecutor, appealed against the High Court's decision, contending that the respondent should have been called to enter his defence.

• Whether the High Court erred in acquitting the respondent and ordering safe custody under Section 348(2) CPC at the close of the prosecution's case, without calling for the respondent's defence.
• Whether the High Court prematurely considered the defence of unsoundness of mind under Section 84 of the Penal Code at the prosecution stage, given that the burden of proving such a defence rests on the accused.
• Whether the High Court's reliance on the Court of Appeal's decision in *Pendakwa Raya v Mohd Rozani bin Yahaya* was erroneous, as that decision had been overturned by the Federal Court.

• The Court of Appeal unanimously allowed the appellant's appeal, setting aside the High Court's order of acquittal and safe custody.
• The Court, bound by the Federal Court's decision in *Public Prosecutor v Mohd Rozani bin Yahaya*, held that it was premature for the High Court to determine the defence of unsoundness of mind at the close of the prosecution's case.
• The case was remitted to the High Court for the respondent to be called to enter his defence, emphasizing that the burden of proving unsoundness of mind lies with the accused at the defence stage on a balance of probabilities.