New Zealand Legislation: Acts

9F Powers of court to acquit on account of insanity on appeal against conviction

• (1) If in the case of an appeal against conviction it appears to the court that the appellant did or omitted the act constituting the offence for which he was convicted, but was at the time at which he did or omitted the act insane, the court shall—

  • (a) substitute for the conviction an acquittal on account of his insanity; and

  • (b) quash the sentence passed in respect of the conviction.

  (2) When, pursuant to subsection (1), the court substitutes for a conviction an acquittal on account of insanity, sections 191 and 193 of the Armed Forces Discipline Act 1971 shall apply to the appellant in the same manner and to the same extent as if the substituted finding were a finding of the Court Martial, and as if references in those sections to the Court Martial were references to the court.

  (3) When an appellant is ordered under the provisions of this section to be detained as a special patient, or as a patient, the provisions of the Mental Health (Compulsory Assessment and Treatment) Act 1992 shall apply to him as if he were a special patient or a patient, as the case may be, within the meaning of that Act.

  Section 9F: inserted, on 1 December 1983, by section 208(1) of the Armed Forces Discipline Act 1971 (1971 No 53).

  Section 9F(2): amended, on 1 July 2009, by section 16(a) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).

  Section 9F(2): amended, on 1 July 2009, by section 16(b) of the Court Martial Appeals Amendment Act 2007 (2007 No 99).

  Section 9F(2): amended, on 28 July 1997, by section 4(a) of the Courts Martial Appeals Amendment Act 1997 (1997 No 39).

  Section 9F(3): amended, on 28 July 1997, by section 4(b) of the Courts Martial Appeals Amendment Act 1997 (1997 No 39).

  Section 9F(3): amended, on 28 July 1997, by section 4(c) of the Courts Martial Appeals Amendment Act 1997 (1997 No 39).