<p class="ql-align-center">JUDGMENT</p><p class="ql-align-justify">The sole question of law in this appeal is whether the decision of the judge to invoke section 166(1) and (2) of the Criminal Procedure Code is warranted on the evidence.</p><p class="ql-align-justify">It is common ground that at the time material to the offence the appellant was insane so as not to be responsible for the unlawful killing. The complaint advanced on behalf of the appellant as we understood it is that the prosecution acted unfairly in adducing the medical evidence upon which the High Court adjudged that the appellant was mentally sick at the time when he killed the three children. Mr Aminga urged that that particular evidence was within the province of the defence and that if the defence had had the opportunity to lead medical evidence, the defence would have demonstrated that there were no chances of the mental illness recurring and therefore that the court could exercise its discretion and set the appellant at liberty.</p><p class="ql-align-justify">We say at the outset that we found the submission made on behalf of the ap…</p>