The defence of unsoundness of mind under section 84 of the penal code: a review of the courts approaches in determining such a defence / Nurul Jannah Sulaiman ... [et al.]

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.