LEGAL PRINCIPLE: CRIMINAL LAW — Defences — Insanity — Legal Test for Insanity Under Section 28 of the Criminal Code
PRINCIPLE STATEMENT
For an accused to rely on the first limb of section 28 of the Criminal Code, he must prove that at the time of the offence, he lacked: (a) the capacity to understand what he was doing; (b) capacity to control his action; (c) capacity to know that he should not do the act.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Guobadia v. State (2004) NLC-2952002(SC) at pp. 5–6; Paras E–A.
"For an accused person to successfully rely on the first limb of section 28 of the Criminal Code supra, he must prove that at the time the offence was committed, he lacked: (a) the capacity to understand what he was doing (b) capacity to control his action (c) capacity to know that he should not do the act or make the omission."
EXPLANATION / SCOPE
The M’Naghten test requires proof of lack of capacity to understand, control, or know wrongfulness. The principle applies to criminal law. The accused bears the burden on the balance of probabilities. The rule is codified in section 28. The court will assess all evidence. The principle is well-established.