JUDGMENT

Zabariah Mohd Yusof FCJ:

[1] The appeal herein is by the prosecution against the decision of the Court of Appeal which affirmed the decision of the High Court. The High Court had acquitted the respondent (herein referred to as "the accused") premised on the defence of insanity, without the accused being called to enter his defence.

[2] After hearing the submissions from both parties (both written and oral) and perusing through the Records of Appeal, we unanimously allowed the appeal by the prosecution and set aside the orders of the High Court and the Court of Appeal. Consequently, we ordered that the case be remitted back to the High Court for continuation of the trial and the accused be called upon to enter his defence on the charge preferred against him. We set our reasons herein below for the said decision.

The Charge

[3] The charge against the accused is as follows:

"Bahawa kamu pada 25 Januari 2018 lebih kurang jam 12.00 tengah hari di tepi rumah di Kampung Apa-Apa, Bunut Susu, Pasir Mas, di dalam Jajahan Pasir Mas, di dalam Negeri Kelantan telah membunuh Ab Halim bin Che Yusoff (K/P: 491231-03-6561) dan dengan itu kamu telah melakukan suatu kesalahan yang boleh dihukum di bawah s 302 Kanun Keseksaan."

Background Facts

[4] On 25 January 2018, the wife of the deceased (SP5), heard a loud noise as if something was thrown ("pekung") at the house in which she and the deceased were staying. However, SP5 advised the deceased to ignore it, but another object was thrown at the house and SP5 took her grandchild who was with her into the house. After a third object was thrown, SP5 saw the deceased going to the accused's father's (SP11) house. SP5 heard the deceased asked SP11, "Why didn't you stop your son from throwing things at my house?" ("bakpo mu tak larang anak kamu pekung rumah aku?"), but failed to hear any response from SP11.