Commentary First Group of Parts – Discipline Part 7- Trial by Court Martial Section 168: Findings of insanity
337.This section provides that if on a trial by the Court Martial the court is satisfied that the defendant did the act charged against him, and that at the time of that act he was insane, then the court must find the defendant not guilty of that offence by reason of insanity.
338.Subsection (3) specifies the medical evidence required before a finding under this section may be made.
339.Subsection (4) provides that a determination or finding under this section is to be made in the same way as a finding under section 167 is to be made. Only the lay members of the court have a vote; and the court is satisfied that the defendant did the act charged, and was insane, if a majority of those members vote to that effect.