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It is only unsoundness of mind which materially impairs the faculty of the mind that can form a ground of exemption from criminal responsibility, the
It is only unsoundness of mind which materially impairs the faculty of the mind that can form a ground of exemption from criminal responsibility, the nature and extent of the unsoundness of mind required being such as would make the offender incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law.." per O'Kinealy and Banerjee JJ in Kader Nasyer Shah (1896) 23 Cal604 at 607.
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Discuss the above quotation in relation to the defence of insanity under the Malaysian criminal law.
(20 marks)
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