Part I.
- (b) did so deal with him in accordance with paragraph (d) of the said section 40(1) (power of Court of Appeal to make no order with respect to suspended sentence).
Appeal in cases of insanity
Appeal against verdict of not guilty by reason of insanity. 12. A person in whose case there is returned a verdict of not guilty by reason of insanity may appeal to the Court of Appeal against the verdict—
- (a) on any ground of appeal which involves a question of law alone; and
- (b) with the leave of the Court of Appeal, on any ground which involves a question of fact alone, or a question of mixed law and fact, or on any other ground which appears to the Court of Appeal to be a sufficient ground of appeal;
but if the judge of the court of trial grants a certificate that the case is fit for appeal on a ground which involves a question of fact, or a question of mixed law and fact, an appeal lies under this section without the leave of the Court of Appeal.
Disposal of appeal under s. 12. 13.—(1) Subject to the provisions of this section, the Court of Appeal shall allow an appeal under section 12 of this Act if they are of opinion—
- (a) that the verdict should be set aside on the ground that under all the circumstances of the case it is unsafe or unsatisfactory; or
- (b) that the order of the court giving effect to the verdict should be set aside on the ground of a wrong decision of any question of law; or
- (c) that there was a material irregularity in the course of the trial,
and in any other case shall dismiss the appeal.
(2) The Court of Appeal may dismiss an appeal under section 12 of this Act, if of opinion that, notwithstanding that the point raised in the appeal might be decided in favour of the appellant, no miscarriage of justice has actually occurred.
(3) Where apart from this subsection-
- (a) an appeal under section 12 of this Act would fall to be allowed; and
- (b) none of the grounds for allowing it relates to the question of the insanity of the accused,
the Court of Appeal may dismiss the appeal if they are of opinion that, but for the insanity of the accused, the proper verdict would have been that he was guilty of an offence other than the offence charged.
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