Unsoundness of Mind (insanity) Flashcards
(10 cards)
What does Section 84 of the Penal Code state
Section 84 provides that nothing is an offense if, at the time of committing the act, the accused, by reason of unsoundness of mind, was incapable of knowing the nature of the act or that the act was wrong or contrary to the law.
What are the elements of unsoundness of mind?
- Insane at the time of the act
- Incapable of knowing the nature of the act
- Incapable of knowing the act is wrong or contrary to the law
What was held in John Nyumbei v PP [2007]?
The accused was not of unsound mind at the time of the offense. His actions, such as disposing of the skull to avoid detection, showed awareness and guilt, causing the plea of unsound mind to fail.
What does it mean to be incapable of knowing the nature of the act?
It means the accused lacks the cognitive capacity to understand the physical and moral aspects of their actions.
What was held in Jusoh v PP [1963]?
Witnesses confirmed the accused suffered from acute mania at the time of the killing. Although he knew what he was doing physically, he didn’t know it was wrong. The defense under Section 84 succeeded.
How is the term “nature of the act” interpreted in Pham Thi Tuyet Mai [2016]
The court interpreted it as “partial incapacity,” where the accused physically knew what they were doing but didn’t comprehend its consequences.
What are the two aspects of the “nature of the act”
- Physical understanding of the action (e.g., slaughtering a neck).
- Moral understanding of the consequence (e.g., knowing the act would result in death).
What do the M’Naghten Rules say about “wrong” and “contrary to the law”
“Wrong” refers to moral wrongdoing, while “contrary to the law” refers to legal wrongdoing.
What was held in Geron Ali v Emperor?
The court found that the accused neither knew the act was wrong nor contrary to the law. His lack of concealment or escape after the offense indicated his unsoundness of mind.
How is Section 84 read in Malaysia?
Malaysia applies a disjunctive approach, meaning the terms “wrong” or “contrary to the law” are read separately, as indicated by the use of “or” in the provision.
