THE ADMISSIBILITY OF CRIMINAL EVIDENCE OF BATTERED WOMAN SYNDROME IN MALAYSIA UNDER THE PENAL CODE AND EVIDENCE ACT 1950
DOI:
https://doi.org/10.31436/iiumlj.v32i2.999Keywords:
Battered Woman Syndrome, Domestic Violence, Provocation, Private Defence, Expert EvidenceAbstract
Battered woman syndrome (BWS) is a syndrome that presents after long-term abuse of domestic violence’s case. The evidence is presented in court to explain why some women remain in abusive relationships. In Malaysia, the evidence on BWS is not a defence by itself, but rather given to support any relevant defence such as provocation under Exception 1 to s. 300 of the Penal Code (Act 574) and private defence under ss. 96 to 106 of the Penal Code. The case of Pheh Boon Kheang v. Peh Boon Wang [2007] 2 MLJ 785 shows that evidence related to BWS can be submitted through expert witness under s. 45 of the Evidence Act 1950 (Act 56). The principle of it was affirmed in Nisalma binti Saat v. Public Prosecutor [2018] MLJU 880 where the High Court accepted expert evidence proffered by a psychiatrist which resembled BWS in support of private defence. This research employed doctrinal research consisting of legal analysis of the Penal Code, the Evidence Act 1950, case law, and other scholarly writings in this area. The research found that although BWS evidence has been accepted in court, it is not free from criticism thus the admissibility of it may be challenged. The research therefore aims to analyse the relevancy of BWS and its evidential weight to be admitted by the criminal court.
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