R vs. FRAFRA

(His lordship stated the facts and proceeded:—) The appellant’s allegations were not supported by the evidence, and there are reasons to suppose that they are figments of imagination and insane delusion. There was evidence, too, that he had inflicted an injury to his own person of a kind that is characteristic of a severe form of mental derangement. Dr. Cudjoe said, “The emotional factor is often highly disturbed in this type of insanity,” and he said that the appellant’s statement as to the reason for his attack on his wife “may have been a persecutory delusion.” He added, “He could have acted on that delusion.” It is clear, in our opinion, that if the appellant acted in the way he did under a delusion that he was witnessing an act of sexual intercourse between his wife and another man, then he was acting under an insane delusion within the meaning of Section 52 (2) of the Criminal Code. Section 52 reads as follows:— “52. When a person is accused of crime...