The criminal liability of night terror in Malaysia

Brian Thomas has been charged with murdering his wife, Christine Thomas. He admitted killing his wife however he blames it on his rare sleep disorder. Earlier that fateful evening, a group of youths made them feel uncomfortable and they decided to move and park somewhere else for the night. While s...

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Main Author: Mohamad Yunus, Mohamad Ismail
Format: Article
Language:English
Published: Thomson Reuters 2018
Subjects:
Online Access:http://irep.iium.edu.my/66654/
http://irep.iium.edu.my/66654/
http://irep.iium.edu.my/66654/1/NIGHT%20TERROR.pdf
id iium-66654
recordtype eprints
spelling iium-666542018-10-08T14:41:57Z http://irep.iium.edu.my/66654/ The criminal liability of night terror in Malaysia Mohamad Yunus, Mohamad Ismail K Law (General) KBP Islamic Law KD England and Wales KPG Malaysia Brian Thomas has been charged with murdering his wife, Christine Thomas. He admitted killing his wife however he blames it on his rare sleep disorder. Earlier that fateful evening, a group of youths made them feel uncomfortable and they decided to move and park somewhere else for the night. While sleeping, Mr Thomas believed that the youths had broken into his caravan. He thought he was fighting them off when in fact he was strangling his wife. The High Court judge, Davis J., held that in the eyes of the law the accused has no criminal liability for what had happened. Thus, if this scenario happens in Malaysia due to the sleep disorder specifically “night terror”, does the Malaysian Penal Code provide an adequate defense that can be invoked by the accused person? Thomson Reuters 2018-09-15 Article PeerReviewed application/pdf en http://irep.iium.edu.my/66654/1/NIGHT%20TERROR.pdf Mohamad Yunus, Mohamad Ismail (2018) The criminal liability of night terror in Malaysia. The Law Review, 1 (1). pp. 177-186. ISSN 1985-0891 http://www.sweetandmaxwellasia.com
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
topic K Law (General)
KBP Islamic Law
KD England and Wales
KPG Malaysia
spellingShingle K Law (General)
KBP Islamic Law
KD England and Wales
KPG Malaysia
Mohamad Yunus, Mohamad Ismail
The criminal liability of night terror in Malaysia
description Brian Thomas has been charged with murdering his wife, Christine Thomas. He admitted killing his wife however he blames it on his rare sleep disorder. Earlier that fateful evening, a group of youths made them feel uncomfortable and they decided to move and park somewhere else for the night. While sleeping, Mr Thomas believed that the youths had broken into his caravan. He thought he was fighting them off when in fact he was strangling his wife. The High Court judge, Davis J., held that in the eyes of the law the accused has no criminal liability for what had happened. Thus, if this scenario happens in Malaysia due to the sleep disorder specifically “night terror”, does the Malaysian Penal Code provide an adequate defense that can be invoked by the accused person?
format Article
author Mohamad Yunus, Mohamad Ismail
author_facet Mohamad Yunus, Mohamad Ismail
author_sort Mohamad Yunus, Mohamad Ismail
title The criminal liability of night terror in Malaysia
title_short The criminal liability of night terror in Malaysia
title_full The criminal liability of night terror in Malaysia
title_fullStr The criminal liability of night terror in Malaysia
title_full_unstemmed The criminal liability of night terror in Malaysia
title_sort criminal liability of night terror in malaysia
publisher Thomson Reuters
publishDate 2018
url http://irep.iium.edu.my/66654/
http://irep.iium.edu.my/66654/
http://irep.iium.edu.my/66654/1/NIGHT%20TERROR.pdf
first_indexed 2023-09-18T21:34:40Z
last_indexed 2023-09-18T21:34:40Z
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