Western Australian Current Acts Western Australian Current Acts (1) If in a trial the
question arises whether, under The Criminal Code section 27, the accused was
not criminally responsible for an act or omission on account of mental
impairment, the judge must direct the jury that if it finds the accused not
guilty of the charge on account of mental impairment, it must return a special
verdict to that effect.
(2) If the judge is of
the opinion that the proper sentence or order to be imposed —
(a) on
an accused if convicted; or
(b) on
an accused if found not guilty on account of mental impairment,
may depend upon a
specific fact, the judge may require the jury to give its verdict on that fact
specifically.
[Section 113 amended: No. 10 of 2023 s. 412.]