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...
| Main Author: | |
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| Format: | Article |
| Language: | English |
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Thomson Reuters
2018
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| Online Access: | http://irep.iium.edu.my/66654/ http://irep.iium.edu.my/66654/1/NIGHT%20TERROR.pdf |
| _version_ | 1848786620908568576 |
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| author | Mohamad Yunus, Mohamad Ismail |
| author_facet | Mohamad Yunus, Mohamad Ismail |
| author_sort | Mohamad Yunus, Mohamad Ismail |
| building | IIUM Repository |
| collection | Online Access |
| 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? |
| first_indexed | 2025-11-14T17:11:56Z |
| format | Article |
| id | iium-66654 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T17:11:56Z |
| publishDate | 2018 |
| publisher | Thomson Reuters |
| recordtype | eprints |
| repository_type | Digital Repository |
| 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 |
| 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 |
| title | 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_short | The criminal liability of night terror in Malaysia |
| title_sort | criminal liability of night terror in malaysia |
| topic | K Law (General) KBP Islamic Law KD England and Wales KPG Malaysia |
| url | http://irep.iium.edu.my/66654/ http://irep.iium.edu.my/66654/ http://irep.iium.edu.my/66654/1/NIGHT%20TERROR.pdf |