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See Also:
- EVIDENCE - BURDEN OF PROOF/STANDARD OF PROOF - Burden and standard of proving the defence of insanity:
"The law is settled that the burden of proof of insanity lies on the accused person. In NDU v THE STATE 1990 LPELR-1975 SC this Court held as follows: The…
- EVIDENCE - Burden of Proof or Onus of Proof - On whom lies the burden of proving insanity
"I agree with the finding of the learned trial Judge that the defence of insanity which the appellant raised was an afterthought. By his own admission, though he had mental…
- CRIMINAL PROCEDURE: Defence of Insanity - Application of the Defence of Insanity – Requirements under the Law
"The defence of insanity necessitates proving, according to law, that the accused was suffering from either a mental disease or natural mental infirmity at the time of committing the act,…
- EVIDENCE - BURDEN OF PROOF/STANDARD OF PROOF - Burden and standard of proving the defence of insanity
EVIDENCE - BURDEN OF PROOF/STANDARD OF PROOF - Burden and standard of proving the defence of insanity:
- APPEAL: Criminal Defences - Effect of proving the defence of insanity
"Ordinarily in law, everyone is presumed to be sane and of sound mind, and accountable for his actions, unless the contrary is proved. But where there is defect or incapacity…