Autism not a legal shield from prosecution, legal experts say

SHAH ALAM – The law does not bend for a diagnosis. That is the blunt message from legal experts after questions emerged over whether autism could shield an accused person from criminal prosecution.

The question comes amid nationwide outrage over a shocking case in Banting, where a 15-year-old student was allegedly stabbed by a classmate at a school canteen.

Legal representation for the suspect has confirmed the suspect is autistic, registered as a person with disabilities (PwD) and has been undergoing medical treatment.

The revelation has thrust a difficult legal question into the spotlight — can autism excuse a person from facing justice?

Senior legal consultant Sheelan Arjunan said an autism diagnosis alone does not exempt an individual from criminal prosecution in Malaysia.

"Autism does not prevent a person from facing criminal prosecution in Malaysia.

"They still can be charged under Section 307 of the Penal Code for attempted murder and even for murder, as diagnosis alone is not accepted as criminal defence," he told Sinar Daily.

However, he said the defence team may raise autism as an issue to determine whether the accused had the requisite mens rea (guilty mind or criminal intent) required for the charge.

He said the accused's mental state at the time of the offence is an important element in establishing criminal liability.

"The courts generally require expert evaluation or report assessing how the individual’s specific presentation of autism relates to their capacity and conduct," said the former criminal lawyer.

He added that autism may also be considered as a mitigating factor during sentencing, potentially influencing the type of punishment imposed or whether the individual should be placed in a more suitable facility.

Meanwhile, lawyer Farhan Read said the threshold is quite high for insanity to succeed as a defence.

He said insanity in the legal sense is when a person is so compromised as to not be able to form the requisite criminal intent to commit the crime.

He added that autism counted for little, if anything, in negating the mens rea of attempted murder.

Farhan said it would be likely for the defence to request a court-ordered assessment under Section 342 of the Criminal Procedure Code, while authorities should also consider an evaluation under Section 11 of the Mental Health Act before deciding on prosecution.

The assessment, he said would provide a clearer understanding of the accused’s condition and how it may have influenced their actions at the time of the alleged offence.

"At the same time, the report would be highly relevant for the authorities to consider before resorting to something as drastic as a criminal prosecution," he said when contacted.

It was reported that a 15-year-old student believed to be involved in the stabbing of another student at a school in Banting was remanded for four days since Monday.

The victim reportedly suffered about 16 stab wounds to the body and face, along with a lung injury. The victim remains in stable condition.