Section 27 - Special verdict in respect of an insane person

Where a person is accused of a criminal offence, the special verdict provided by the Criminal and other Offences (Procedure) Act, 1960 (Act 30) in the case of insanity is only applicable

(a) if that person was prevented, by reason of idiocy, imbecility, or a mental derangement or disease affecting the mind, from knowing the nature or consequences of the act in respect of which that person is accused; or

(b) if that person did the act in respect of which that person is accused under the influence of an insane delusion of a nature that renders that person, in the opinion of the jury or of the Court, an unfit subject for punishment in respect of that act.

Illustrations

Paragraph (a)

1. If a person by reason of idiocy is incapable of knowing that the act of that person will cause death, the special verdict is applicable to that case.

2. If a person commits homicide by reason of a paroxysm of madness which at the time makes that person incapable of considering that murder is a criminal offence, the special verdict is applicable to that case.

3. The special verdict is not applicable merely because it is proved that by reason of mental derangement the accused has a propensity to homicide.

Paragraph (b)

1. A kills B by reason of an insane delusion that B is attempting to kill A. Here the jury will be justified in finding that A is not a fit subject for punishment.

2. A is subject to insane delusions. In an interval of freedom from these delusions, A kills B. Here the jury ought to take into account the fact that at other times A was subject to delusions.