Perera v. Republic of Sri Lanka – 1978_79 volume 2 page 084

In Perera v. Republic of Sri Lanka, the court considered whether the accused‑appellant Perera’s plea of insanity, in the context of a murder charge brought by the Republic of Sri Lanka, was sufficiently supported to discharge the required burden of proof, and if the conviction by the trial jury was justified. It was held that the evidence established a longstanding history of mental illness and that, on a balance of probabilities, the accused‑appellant had discharged the burden of proving insanity. The principle reaffirmed is that, once insanity is raised, the accused must establish insanity by a preponderance of evidence, referencing legal standards such as those from Rex v. Podola and The King v. Don Nikulas Buiya. The conviction and death sentence were quashed, and an order was made for

REF: 1978_79 volume 2 page 084 Category: Tag:
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