Justice Azizan Arshad found Soon Yong Aun, 42, not guilty of murdering Chua Ah Ting, 67, at a flat in Taman Alor Vista, Lebuh Relau, at 5.47pm on June 15, 2024.
Soon was charged with murder under Section 302 of the Penal Code, which carries the death penalty or imprisonment of between 30 and 40 years, as well as at least 12 strokes of the cane if not sentenced to death.
However, the court ordered Soon to be detained at Hospital Bahagia Ulu Kinta, Perak, under Section 348 of the Criminal Procedure Code pending further orders from the Penang governor.
The court held that Soon had proven, on a balance of probabilities, that he was of unsound mind at the time of the incident and incapable of knowing that his act was wrong or unlawful.
In his grounds of judgment, Azizan said the court had to determine whether Soon was of unsound mind at the time of the offence and whether he was capable of understanding the nature of his act or that it was wrong or illegal.
Azizan said the defence had successfully established unsoundness of mind under Section 84 of the Penal Code.
He said the court accepted psychiatric evidence that Soon suffered from schizophrenia, which impaired his mental condition at the material time.
The defence also argued that Soon had a history of psychosis since late 2022 and was previously admitted to a psychiatric ward.
He was also reported to have suffered hallucinations and paranoid delusions, including hearing voices and believing that his family hated him or intended to harm him.
The court also considered Soon’s conduct after the incident.
Azizan said Soon did not attempt to conceal the incident, dispose of evidence, wash away blood, or hide items stained with the victim’s blood.
Instead, Soon called his brother, admitted that he had killed his mother, and asked that the police be called to arrest him.
The defence submitted that this conduct was inconsistent with that of a person who knew he had committed a crime and was attempting to evade punishment.
The court therefore acquitted and discharged Soon of the murder charge on the grounds of insanity.
However, as the court found that Soon had committed the act that caused Chua’s death, it ordered him to be detained at Hospital Bahagia.
Under Section 348 of the Criminal Procedure Code, a court may detain a person acquitted on grounds of insanity in safe custody if it finds that the person committed the act.
The matter must then be reported to the state ruler or, in Penang’s case, the Yang di-Pertua Negeri, who may order the accused to be confined in a psychiatric hospital.
Deputy public prosecutor Nurul Khairiah Dahalaan prosecuted while lawyers Y Anbananthan, A Sharini, and G Jamunesh represented Soon.