Western Australian Numbered Acts

CRIMINAL PROCEDURE ACT 2004 (NO. 71 OF 2004) - SECT 113

113 .         Special verdict may be required

        (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 unsoundness of mind, the judge must direct the jury that if it finds the accused not guilty of the charge on account of unsoundness of mind, 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 unsoundness of mind,

                may depend upon a specific fact, the judge may require the jury to give its verdict on that fact specifically.