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Arokiasamy Alphonso

案件摘要

司法管轄

馬來西亞

國籍

馬來西亞人

案件標題: Public Prosecutor v Arokiasamy

作案時年齡: 50

作案時年齡組: 成年人 (18至59歲)

性别: 男性

犯罪時的宗教信仰: 未知

弱勢 / 邊緣群體身份

少數群體: 族群

司法轄區 - 地理定位

緯度: 4.2105

經度: 101.9758

司法轄區 - 地理定位 (已連結案件摘要): 馬來西亞

瑞慈合作機構

Malaysian Centre for Constitutionalism and Human Rights (馬來西亞)

該國最新死刑狀態

保留死刑

案件現狀: 已結案: 減刑

判處死刑年份: 2010s: 2011

死刑所涉罪名的性質

謀殺: 一名受害者

專家證據

法醫 / 醫學證據: 屍檢 / 死後檢驗
心理健康: 精神科醫生

案件背景 (最多300字): In the High Court, the respondent was charged for the murder of his sister-in-law (‘deceased’) under s. 302 of the Penal Code. At the conclusion of the trial, the learned trial judge acquitted the respondent on ground of insanity and he was ordered to be kept in safe custody pursuant to s. 348 of the Criminal Procedure Code. Dissatisfied with the said decision, the Public Prosecutor appealed to this court. It was the prosecution’s case that the respondent’s motive to kill the deceased was because there was an argument between them prior to the incident as the respondent was angry with the deceased and thus, stabbed her with a knife. According to the respondent, the deceased told him that she changed her mind of joining the respondent in his business venture and an argument took place between them at his house. Thereafter, the respondent got into his car with the deceased and while the respondent was driving, the deceased kept on arguing, screaming and shouting in the car. The respondent further submitted that (i) he could not remember using any physical violence on her nor taking with him any knife and (ii) there was silence in the car as the deceased did not respond when he called her name. The defence witness, Dr Badiah (‘DW3’), a forensic psychiatrist testified that the respondent was not insane at the time he was alleged to have committed the offence. However,DW3 made it clear that this unfavourable conclusion was reached based solely on the assessment of whether the respondent could have had a delusion or hallucination. In her opinion, it was not improbable in view of the respondent’s medical history that he may have lapsed into a state of mindlessness as not to have been conscious of what he was doing. It was the High Court’s findings, inter alia, that (i) the respondent had established the defence of insanity (ii) the respondent experienced change of personality after undergoing heart surgery in 1998 (iii) the respondent was not a person of an aggressive nature until he underwent the surgery when his personality changed and (iv) the respondent posed depressive symptoms after his cardiac operation. The issue for determination in this appeal was whether the learned trial judge was right in his finding that the respondent had established the defence of insanity under s. 84 Penal Code.

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辯方意見 (最多200字): The defense argued that Arokiasamy was legally insane at the time of the offense and, therefore, could not be held criminally responsible under Section 84 of the Malaysian Penal Code. They claimed that his personality had changed due to a heart condition and medical treatments, leading to abnormal behavior and aggression. A forensic psychiatrist examined him 15 days after the crime and found no evidence of hallucinations or delusions, but acknowledged the difficulty of assessing his mental state at the time of the murder. The defense also emphasized the lack of premeditation, arguing that his condition prevented him from forming intent. However, the Court of Appeal rejected the insanity defense, finding that the nature of the crime, multiple stab wounds, and his voluntary surrender to the police indicated he was aware of his actions, leading to his conviction and death sentence.

判决摘要 (最多200字): [2008] 3 CLJ 96 (High Court)

[2012] 6 CLJ 117 (Court of Appeal)

https://academicworks.cuny.edu/cgi/viewcontent.cgi?article=1315&context=cl_pubs

獲得法律代理的情況

第二次上訴階段: 公益律師
上訴階段: 公益律師
偵查前階段: 未知
審判階段: 未知

與罪名相關的立法: Section 84,300, 302 Penal Code

司法判例: John Nyumbei v. PP [2007] 2 CLJ 509 CA

Walton v. The Queen [1978] 1 All ER 542

案件摘要錄入狀態: 完成

案件材料語言

英語

該案例摘要是否已收錄？: No

主要文檔

Arokiasamy - Court of Appeal Judgement.pdf
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Death Penalty in Malaysia: The Prerogative of the Gavel

Malaysia’s Death Penalty and the Justice System: The Arokiasamy Murder Case

Death Penalty Defence - Asia

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Arokiasamy Alphonso

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