JUDGMENT

Visu Sinnadurai J:

[1] At the conclusion of the hearing of this application for revision, this court dismissed the application. I now give my reasons for so dismissing the application.

[2] This is an unusual application for revision. In this application the prosecution is seeking to set aside the judgment of the Sessions court judge, Muar, who had, on the accused pleading guilty to the charge, sentenced the accused to a term of imprisonment for seven (7) years. The effect of this application for revision, if allowed, is to have the case remitted back to the Sessions court for the Sessions court judge to set aside the plea of guilty pleaded by the accused, and instead conduct a full trial so as to determine whether the accused was insane at the time of the commission of the offence, such that if the accused is found to be so, to send him to a mental hospital for an indefinite period of time.

[3] This application therefore raises a fundamental issue relating to the rights of an accused person: whether, an accused, when there is some evidence before the court to suggest that he was insane at the time of the commission of the offence, but who is fit to stand trial, is prec