DUMISANI, a Scorpion Legal Protection policyholder, was terrified when he woke up in a cell with dried blood on his hands.
The last thing he remembered was going for a few drinks with his friends.
Eventually, he found out he had gotten into a fight with someone, and had apparently stabbed the man with his pocket knife. Dumisani was horrified.
He couldn’t remember any of it!
“I plead insanity!”
According to Section 78 of the Criminal Procedure Act, an accused must have suffered from a mental illness or defect that didn’t allow him to control himself or to see how his actions could cause harm to plead insanity.
If it is found that the person was insane at the time of the incident, they can’t be held accountable for their actions.
What mental disorders constitute insanity?
- Organic disorders that are caused by medical conditions like dementia, delirium, amnesia, hallucinations, delusions, and changes to personality.
- Substance-related disorders, as in Dumisani’s case. Schizophrenia and other psychotic disorders where sufferers can’t distinguish between reality and fantasy.
- Mood and anxiety disorders that lead to mood disturbances and anxiety attacks.
- Personality disorders.
How is insanity proven?
After reviewing the bar’s CCTV footage, Dumisani’s legal team found that his drink had been tampered with.
As certain substances can lead to temporary insanity, Dumisani was able to plead insanity.
When Dumisani’s defence lawyers pleaded insanity, the court ordered an inquiry into his mental state.
Dumisani was examined by a psychiatrist who found that his plea was valid.
It is important to remember that, although the onus rests on the state to prove the accused guilty, it is the accused’s duty to prove the insanity defence.
How to strike back
Pleading insanity is a valid criminal defence in certain cases.
Dumisani was found not guilty thanks to the great work of his Scorpion Legal Protection team.
You can also become a policyholder and enjoy peace of mind.
To find out more about Scorpion Legal Protection, or to join, SMS “Learn” to 34453 and Scorpion Legal Protection staff will call you back.
- Please note: This is only general advice and should not be relied on solely. The law is complicated and there are many influencing factors that can change the above.
