7 CRIMINAL LAW AND PROCEDURE - CONVICTION: Relevance of the age of accused at the time of trial/conviction ''The issue raised is predicated on the provisions of sections 208 and 368(3) of the Criminal Procedure Law which enact as follows: Where a person is before any court and it appears to the court that such person is an infant or a child, or a young person or an adult, the court may make due enquiry to the age of that person and for that purpose may take such evidence as may be forthcoming at the time, or at the time to which the enquiry may be adjourned but an order or judgment of the court shall not be invalidity by any subsequent proof that the age of that person has not been correctly stated to the court and the age presumed or declared by the court to be the age of that person shall for the propose of this law be deemed to be the true age of that person.'' Per EDOZIE, J.S.C (P.20, paras. G-D) - read in context 8 CRIMINAL LAW AND PROCEDURE - DEFENCE OF INSANITY: What must an accused person show for the second limb of section 28 of the Criminal Code to avail him as a defence? ''For the second limb of section 28 of the Criminal Code to avail an accused person as a defence, he must show that there is a set of facts which does not actually exist but which he imagines to exist, that as a result of his belief that the set of facts actually exists as he imagined them, he commits an act of omission or commission which has resulted in the charge on which he stands trial and that if those facts had existed as so imagined by him, they would have amounted to a complete defence to his act which is called in question even though the factual situation was not real.'' Per EDOZIE, J.S.C (P. 13-14, paras. E-G) - read in context 9 CRIMINAL LAW AND PROCEDURE - DEFENCE OF INSANITY: Nature of mental disorder that can avails an accused of the defence of insanity ''It must also be borne in mind that it is not every form of mental disorder that can relieve an accused person from criminal responsibility. The law requires that such mental disorder that can avail an accused person as a defence must fall within the ambit of section 28 of the Criminal Code Law.'' Per EDOZIE, J.S.C (P. 12, paras. D-F) - read in context 10 CRIMINAL LAW AND PROCEDURE - DEFENCE OF INSANITY: Presumption of sanity ''In considering whether the defence of insanity avails the appellant, it is well to bear in mind that there is a general presumption that every person is sane until the contrary is proved. Everyone is presumed to be of sound mind and to have been of sound mind at the time he committed the offence charged.'' Per EDOZIE, J.S.C (Pp. 11-12, paras. G-B) - read in context EDOZIE, J.S.C. (Delivering the Leading Judgment): The appellant Augustine Guobadia was charged before the Benin High Court for the murder on 5th February, 1987