The accused was acquitted of murder due to legal insanity resulting from relapsed schizophrenia, despite evidence of committing the act, demonstrating the interplay between mental health and criminal responsibility.

JUDGMENT

Nurulhuda Nur'aini Mohamad Nor JC:

Introduction

[1] The accused is charged with the murder of his wife, Rohayati Binti Abdul Wahab. The charge reads as follows:

"Bahawa kamu pada 5 Jun 2018 antara jam 1.00 pagi hingga jam 8.30 pagi bertempat di No 2, Tingkat 1, Blok B, Apartment Dahlia, Sg Chua, Kajang, di dalam Daerah Hulu Langat, di dalam Negeri Selangor Darul Ehsan, telah melakukan bunuh dengan menyebabkan kematian terhadap seorang perempuan bernama Rohayati Binti Abdul Wahab (No. K/P: 760105-10-5514) dengan itu kamu telah melakukan satu kesalahan yang boleh dihukum di bawah s 302 Kanun Keseksaan"

[2] The defence did not dispute the act of causing death but contended that the accused, arising from his medical history of suffering mental disorder of schizophrenia and with his medication defaulted, led him to suffer a relapse of the mental disorder thus did not have the required mens rea or knowledge to commit the murder.

[3] Hence, on the application by counsel for the accused made on 19 April 2021 prior to the commencement of the trial, this Court had ordered for the accused to be sent for a psychiatric assessment under s 342 of the Criminal Procedure Code ( CPC ) to ascertain if he is fit to stand trial. This, despite the fact that when the case was first called for mention before a different Judge, the same application was made and rejected.

[4] The said medical report was relied upon earlier by the Magistrate Court and this Court, having observed the accused's facial appearance who appeared with a blank expression and not blinking for long, this Court decided otherwise and allowed the said application. After a few extensions given by this Court as permitted by s 342, given to the expert psychiatrist Dr Ian Lloyd to prepare his assessment on the accused, a determination was then made by him that the accused is fit to stand trial.

Prosecution Case And Analysis

[5] The accused and the deceased were married in February 2018. The accused is the stepfather to SP2 and SP3, daughters of the deceased. The deceased body was discovered by Nurfakriah SP2 on 5 June 2018 morning. SP2 was born on 8 April 2006 who, at the time of the incident was about 12 years old and had not reached 16 years old at the time when she testified. SP2, thus qualify as a child witness at the time when she appeared to give evidence before this Court.

[6] On a preliminary examination by the DPP on SP2, this Court is satisfied that SP2 could understand the oath and the meaning of telling the truth, hence SP2 was permitted to give her evidence under oath. The accused is the step father of SP2 and SP3, SP3 being the eldest sister of SP2. SP2 said on that morning of 5 June 2018, she woke up and headed to the mother's room to wake her but saw her mother half naked from waist down, lying unconscious on the mattress. The accused father was lying on the bathroom floor with his mouth open filled with foam, making some unclear sound. SP2 rushed to tell her sister SP3.

[7] SP3 came to the room and tried to shake the mother up but failed and told SP2 to tell their neighbour known as 'Che Da' resulting with two neighbours who then came subsequently. Earlier on that same morning before SP2 went to sleep at about 1.00am, SP2 said she was hungry and wanted to eat durian but unable to pry open it and at the same time, the accused was coming out from the room. SP2 had asked him to help open the durian which he did before going inside the room again.

The State Of The Relationship Between The Accused And The Step Children And The Deceased

[8] On that same night earlier at about 6 to 7.00pm, SP2 said she was in the living room watching TV with the accused father and the deceased. The accused and the deceased were having some conversation as they normally would and was kidding with each other when the accused then strangled the deceased on her neck but upon seeing SP2 looking terrified, - the accused said it was a joke whilst the deceased mother merely smiled.

[9] There was no further