Objective: The objective of this case report is to highlight some learning points
behind the reasoning of the Appellate Court in a case where there were two
different expert opinions by two forensic psychiatrists from two distinctive
Malaysian Approved Psychiatric Hospital in regard to the soundness of mind of
Mr. A for an alleged offence punishable by a death penalty. Methods: This case
report is based on the reasoning of the Appellate Court in rejecting the plea of
the prosecutor. Results: The High Court order remained in which the defendant
was found not guilty due to reason of insanity (NGRI) provided by the
Malaysian Law under Section 84 of Penal Code for the charge of dangerous drug
trafficking, and he was ordered by court to undergo treatment for his underlying
mental illness in a Psychiatric Institution under Section 348(1) of the Malaysian
Criminal Procedure Code. Conclusion: In writing expert report, it is preferable
to use a singular first-person pronoun in stating the conclusion. If there are other
experts involved in either current or previous assessment, it would be beneficial
to address their different opinions in the expert report. However, expert opinion
is still an ‘opinion',’ and the court would be perfectly entitled to reject or differ
from any of the expert opinions when there are proper grounds to do so.
The incidence of benzodiazepine paradoxical reaction is uncommon. It may be implicated with crime as will be described in this case report. Method: We report a 37 year-old schizophrenia patient who was detained by the authority under Section 392/397 of Penal Code assaulting a lady using sharp weapon. He had history of illicit substance abuse and benzodiazepine dependence with significant history of aggression associated with benzodiazepine. Just prior to the incident, he took a significant amount of various types of benzodiazepine and suffered from amnesia of that event. During the time of the offense, he was in remission as far as schizophrenia is concerned. Result: He was under the forensic psychiatric care and observation at Hospital Bahagia Ulu Kinta (HBUK). He developed withdrawal symptoms of benzodiazepine in the ward. Conclusion: He was found by the expert team to be under the influence of benzodiazepine during the offence. The role of benzodiazepine and relevant factors leading to aggression will be discussed in this manuscript.
Objective: This case report aims to discuss the diagnosis of mental retardation as insanity defence in a crime offender. Methods: We report a gentleman who committed murder and rape 9 years ago, and currently being treated at a mental institution. Results: Patient was certified to have mental retardation, and was pleaded on the defence of unsoundness of mind because he had defect of reason at the time of alleged offence. Conclusion: Mental retardation does fulfil the McNaughton’s rule. Unsoundness of mind becomes the insanity defence even for murder under section 84 of the Penal Code. ASEAN Journal of Psychiatry, Vol. 15 (1): January - June 2014: 97-100.
Objective: According to Malaysian law, defendants found not guilty by reason of insanity may be admitted to a psychiatric hospital and discharge is subject to the state ruler’s assent. The objective of this study is to examine the clinical, socio-demographic and forensic factors that influence inpatient duration of insanity acquittees in a Malaysian mental institution. Methods:This is a cross-sectional study of one hundred and twelve insanity acquittee inpatients in Hospital Bahagia Ulu Kinta from January 2007 to February 2007. Patients with a clinical diagnosis of schizophrenia, major depressive disorder and bipolar disorder were assessed using the Positive and Negative Syndrome Scale (PANSS), Hamilton Depression Rating Scale (HAMD) and Young Mania Rating Scale (YMRS) respectively. Other relevant sociodemographic, clinical and forensic factors were also assessed. Results: The inpatient duration varied widely from three months to forty-seven years with a median of seven years. Seventy five percent of patients were in remission. According to the multiple linear regression model, the strongest predictor of a longer duration of hospital stay for insanity acquittees was older age (p