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CRIMINAL LAW: After having found prosecution has established a prima facie case, trial Judge has to call accused to enter his defence
Legal Update: Why Malaysian Courts Cannot Evaluate the Insanity Defense at the Prima Facie Stage In Malaysian criminal procedure, the boundary between the prosecution stage and the defense stage is rigid. A critical question often arises in trials involving mental health: Can a trial judge acquit an accused person at the close of the prosecution's case if medical evidence strongly suggests the accused was of unsound mind during the offense? The Federal Court and Court of Appeal have definitively answered no . Evaluating a statutory defense before calling for the defense is a serious error of law. The Binding Precedents: Mohd Rozani and Pang Kar Foong The legal position was firmly clarified by the apex court in PP v. Mohd Rozani Yahaya [2025] 1 MLRA 203 , and subsequently reinforced by the Court of Appeal in Pendakwa Raya v Pang Kar Foong [2026] 4 MLRA 23 . In Pang Kar Foong , the Court of Appeal explicitly noted its binding obligation to follow the Federal Court’s ruling, overtu...