Abstract
The criteria and standards for the defence of insanity vary among different legal jurisdictions, but they generally require demonstrating that the accused lacked the mental capacity to form a criminal intention or to understand the wrongfulness of their actions at the time of the offence. Hence, the defence of insanity is often controversial due to its potential to be misused and abused by the accused in the criminal justice system. The notable ambiguities when applying the defence of insanity in Malaysia are there is no specific legislation or definition of legal insanity and there is unclear protocol to ascertain the criteria of insanity. The plausible solution that can improve the assessment in ascertaining legal insanity is to create forensic psychiatry training facilities that aim to educate prison officers, legal practitioners and mental health professionals. All in all, progressive steps and cooperation from all relevant parties should be encompassed to fix the loophole of the defence of insanity.
Yap Yu Hong, Universiti Utara Malaysia
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