Abstract
Insanity refers to the unsoundness of the mind. In the context of criminal law, insanity is a defence that an accused of a criminal charge may plead. Instead of disputing the actus reus of an offence, the defence of insanity seeks to disprove the mens rea element of an offence. The defence of insanity or unsoundness of mind is provided under section 84 of the Penal Code. Meanwhile, another variation of insanity is the insanity caused by intoxication which is also a defence provided for under section 85(2), Penal Code. Historically, the defence of insanity has been subject to the scrutiny of the public eye due to the negative connotations surrounding the application of the defence.1 This article aims to analyse the mechanisms of the defence of insanity and identify weaknesses of the system implementing the defence of insanity.
Noor Azlina binti Syed Sultan Ibrahim, Universiti Utara Malaysia
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