PART III PROCEEDINGS IN THE COURT
TITLE 11 – TRIAL
Arraignment and Trial of Insane Persons
176. If any accused person appears, either before or on arraignment, to be insane, the Court may order a jury to be empanelled to try the sanity of that person, and the jury shall thereupon, after hearing evidence for that purpose, find whether he is or is not insane and unfit to take his trial; but a verdict under this section shall not affect the trial of any person so found to be insane for the offence for which he was indicted, if he subsequently becomes of sound mind.
177. If, during the trial of any accused person, he appears, after the hearing of evidence to that effect or otherwise, to the jury charged with the indictment, to be insane, the Court shall in that case direct the jury to abstain from finding a verdict upon the indictment, and, in lieu thereof, to return a verdict that the accused is insane; but a verdict under this section shall not affect the trial of any person so found to be insane for the offence for which he was indicted, if he subsequently becomes of sound mind.
178. Where in an indictment any act or omission is charged against any person as an offence, and it is given in evidence on the trial of that person for that offence that he was insane, so as not to be responsible, according to law, for his actions at the time when the act was done or the omission made, then, if it appears to the jury before whom the person is tried that he did the act or made the omission
charged, but was insane as aforesaid at the time when he did or made it, the jury shall return a special verdict to the effect that the accused person was guilty of the act or omission charged against him, but was insane as aforesaid at the time when he did the act or made the omission.
179. (1) Where any person is found to be insane under sections 176 and 177, or has a special verdict found against him under the last preceding section, the Court shall direct the finding of the jury to be recorded, and thereupon may order the person to be detained in safe custody, in such place and manner as the Court thinks fit, until the President’s pleasure is known.
(2) The judge shall immediately report the finding of the jury and the detention to the Minister, who shall order the person to be dealt with as a lunatic under the laws of Guyana for the time being in force for the care and custody of lunatics, or otherwise as he thinks proper.
1. In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible if, at the time of that person's conduct:
(a) The person suffers from a mental disease or defect that destroys that person's capacity to appreciate the unlawfulness or nature of his or her conduct, or capacity to control his or her conduct to conform to the requirements of law;
(b) The person is in a state of intoxication that destroys that person's capacity to appreciate the unlawfulness or nature of his or her conduct, or capacity to control his or her conduct to conform to the requirements of law, unless the person has become voluntarily intoxicated under such circumstances that the person knew, or disregarded the risk, that, as a result of the intoxication, he or she was likely to engage in conduct constituting a crime within the jurisdiction of the Court;
(c) The person acts reasonably to defend himself or herself or another person or, in the case of war crimes, property which is essential for the survival of the person or another person or property which is essential for accomplishing a military mission, against an imminent and unlawful use of force in a manner proportionate to the degree of danger to the person or the other person or property protected. The fact that the person was involved in a defensive operation conducted by forces shall not in itself constitute a ground for excluding criminal responsibility under this subparagraph;
(d) The conduct which is alleged to constitute a crime within the jurisdiction of the Court has been caused by duress resulting from a threat of imminent death or of continuing or imminent serious bodily harm against that person or another person, and the person acts necessarily and reasonably to avoid this threat, provided that the person does not intend to cause a greater harm than the one sought to be avoided. Such a threat may either be:
(i) Made by other persons; or
(ii) Constituted by other circumstances beyond that person's control.