1.When Experts Disagree
ASEAN Journal of Psychiatry 2016;17(2):250-253
The objective of this case report is to highlight some learning points
behind the reasoning of the Appellate Court in a case where there were two
different expert opinions by two forensic psychiatrists from two distinctive
Malaysian Approved Psychiatric Hospital in regard to the soundness of mind of
Mr. A for an alleged offence punishable by a death penalty. Methods: This case
report is based on the reasoning of the Appellate Court in rejecting the plea of
the prosecutor. Results: The High Court order remained in which the defendant
was found not guilty due to reason of insanity (NGRI) provided by the
Malaysian Law under Section 84 of Penal Code for the charge of dangerous drug
trafficking, and he was ordered by court to undergo treatment for his underlying
mental illness in a Psychiatric Institution under Section 348(1) of the Malaysian
Criminal Procedure Code. Conclusion: In writing expert report, it is preferable
to use a singular first-person pronoun in stating the conclusion. If there are other
experts involved in either current or previous assessment, it would be beneficial
to address their different opinions in the expert report. However, expert opinion
is still an ‘opinion',’ and the court would be perfectly entitled to reject or differ
from any of the expert opinions when there are proper grounds to do so. ASEAN
Journal of Psychiatry, Vol. 17 (2): July – December 2016: XX XX.
2.Unfitness To Plead Among Female Offenders: When Looseness Matters
Loo Jiann Lin ; Eu Choon Leng ; Johari Khamis ; Rabaà ; ¢ ; â ; ?¬ ; â ; ?¢ ; iah Binti Mohd Salleh ; Suarn Singh ; Jasmit Singh
ASEAN Journal of Psychiatry 2018;19(1):14-
Objective: Pritchard Criteria are adopted in a Malaysian criminal-justice system while assessing fitness to plead. There is limited data on the reason of unfitness to plead for female offenders in Malaysia. Methods: A case series of five patients hospitalized to Hospital Bahagia Ulu Kinta, Malaysia due to unfitness to plead was presented and discussed. Result: The offences include three homicides, one assault, and one stealing. All of them were diagnosed to have schizophrenia with prominent looseness of association. Four of them subsequently treated as Treatment-Resistant Schizophrenia (TRS) with a minimal response toward clozapine. Conclusion: Looseness of association may be a contributing factor for unfitness to plead among Malaysian female offenders, which can result in indeterminate hospitalization. This should be confirmed in a larger prospective study.