R. v. Maneno s/o Salum, Crim. Rev. 109-D-68, 16/9/68, Biron J.

R. v. Maneno s/o Salum, Crim. Rev. 109-D-68, 16/9/68, Biron J.

Accused was charged with the defilement of a girl of five years of age. The girl was found to be not capable of understanding the nature of an oath and gave her evidence not on oath. A psychiatric report was submitted concerning accused and on the basis of this report the magistrate found accused to be “guilty but insane.” He was therefore acquitted and apparently discharged.

            Held: (1) Section 127(2) of the Evidence given not on oath is insufficient to support a conviction. (2) Section 168(1) of the Criminal Procedure Code provides that in cases such as the present on, the court shall make a special finding that the accused did the act or made the omission charged but is not guilty by reason of insanity. The verdict of “guilty but insane” is unknown in law. (3) After finding accused not guilty by reason of insanity, the court should have submitted a record of the proceedings to the Minister and ordered accused kept in custody as a criminal lunatic pursuant to section 168(1) of the Criminal Procedure Code. Proceedings declared a nullity and accused ordered to be charged and tried de novo.