Abstract
This dissertation examines the application of the defence of unsoundness of mind under section 84 of the Penal Code through the cases where this defence has been successfully raised. By
examining these cases, it reveals the standards that have been put forward out by the court in sending their judgment. The core of the problem lies when there is no precise standard that has been laid down. Inferences were made by the society that this defence is not a good law since it opens up the opportunity to raise a bogus defence. This project paper concentrates on the determining factors that are taken into consideration by the judges in their judgment is concluded. Furthermore, this
project paper also provides some recommendations and suggestions that can be considered in order to curb the problem on the imprecise factors or standards used by the court in applying this defence. Therefore, it comes to the conclusion that the defence of unsoundness of mind by virtue of section 84 of the Penal Code needs to be reviewed so that it would reduce or eliminate its use of a bogus defence cannot be successfully raised easily and to deal with the critiques and presumption made over the years.
Metadata
Item Type: | Student Project |
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Creators: | Creators Email / ID Num. Sulaiman, Nurul Jannah 2007143955 Ayub, Sarah Liyana 2007143983 Saad, Sarah Liyana 2007143987 Sazali, Sharizad 2007143993 |
Contributors: | Contribution Name Email / ID Num. Thesis advisor Sahak, Rohani ( AP) UNSPECIFIED |
Subjects: | K Law > K Law in general. Comparative and uniform law. Jurisprudence > Constitutional law K Law > KP Asia and Eurasia, Africa, Pacific Area, and Antarctica. Asia. (South Asia. Southeast Asia. East Asia) > Malaysia |
Divisions: | Universiti Teknologi MARA, Shah Alam > Faculty of Law |
Programme: | Bachelor in Legal Studies (Hons) |
Keywords: | Section 84, Penal code, Unsoundness |
Date: | April 2010 |
URI: | https://ir.uitm.edu.my/id/eprint/38127 |
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