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The medical report confirming the 1st accused is sane must be admitted as evidence at this stage to form the basis for the court's finding on mental status, as required by section 220(2) and (3) of the Criminal Procedure Act. Objection by defence lacked legal or factual foundation and is overruled.
Source excerpt
The accused is of unsound mind and incapable of making his defence; court is not bound by psychiatric reports when behaviour and submissions indicate insanity; accused shall not be tried further and must be detained as a mentally disordered offender under Section 219(3)(a) and (4) of the Criminal Procedure Act.
Source excerpt
The Court of Appeal quashed a murder conviction after finding the trial court failed to make the required special finding on the appellant’s mental status.
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