Appeal under s. 25, decision on
32 Appeal under s. 25, decision on
This section applies in the case of an appeal commenced under section 25 in relation to a charge of which an accused has been acquitted on account of mental impairment.
An appeal against an acquittal of an offence (offence A) on account of mental impairment is to be dealt with as if the appeal were against —
a finding that the accused did the acts or made the omissions that constitute the offence (the factual finding); or
a finding that the accused was not criminally responsible for those acts or omissions on account of mental impairment (the mental impairment finding); or
both the factual finding and the mental impairment finding,
as the case requires.
Unless under subsection (4) the Court of Appeal allows an appeal referred to in subsection (2), it must dismiss the appeal.
In an appeal referred to in subsection (2), the Court of Appeal may allow the appeal against the factual finding or against the mental impairment finding if in its opinion —
the finding should be set aside because, having regard to the evidence, it is unreasonable or cannot be supported; or
the finding should be set aside because of a wrong decision on a question of law by the judge; or
there was a miscarriage of justice.
Despite subsection (4), even if a ground of appeal might be decided in favour of the appellant, the Court of Appeal may dismiss an appeal if it considers that no substantial miscarriage of justice has occurred.
If both the appeal against the factual finding and the appeal against the mental impairment finding are allowed, the Court of Appeal must set aside the acquittal of offence A on account of mental impairment and must —
order a trial or a new trial; or
enter a judgment of acquittal (other than on account of mental impairment) of offence A; or
if —
the accused could have been found guilty of some other offence (offence B) instead of offence A; and
the court is satisfied that the jury must have been satisfied or, in a trial by a judge alone, that the judge must have been satisfied of facts that prove the accused was guilty of offence B,
enter a judgment of conviction for offence B and deal with the accused accordingly.
If the appeal against the factual finding is allowed and the appeal against the mental impairment finding is dismissed, the Court of Appeal must set aside the acquittal of offence A on account of mental impairment and must —
order a trial or a new trial; or
enter a judgment of acquittal (other than on account of mental impairment) of offence A; or
if —
the accused could have been found guilty of some other offence (offence B) instead of offence A; and
the court is satisfied that the jury must have been satisfied or, in a trial by a judge alone, that the judge must have been satisfied of facts that prove the accused was guilty of offence B,
enter a judgment of acquittal of offence B on account of mental impairment and deal with the accused under the Criminal Law (Mental Impairment) Act 2023.
If the appeal against the factual finding is dismissed and the appeal against the mental impairment finding is allowed, the Court of Appeal must set aside the acquittal of offence A on account of mental impairment and must —
if it is satisfied that, but for the mental impairment finding, the accused would have been found guilty of —
offence A; or
some other offence of which the accused might have been convicted instead of offence A,
enter a judgment of conviction for the offence concerned and deal with the accused accordingly; or
otherwise, order a trial or a new trial.
[(9) deleted]
[Section 32 amended: No. 10 of 2023 s. 309 and 313.]
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