Australian Capital Territory Current Acts

CRIMINAL CODE 2002 - SECT 28

    (1)     A person is not criminally responsible for an offence if, when carrying out the conduct required for the offence, the person was suffering from a mental impairment that had the effect that—

        (a)     the person did not know the nature and quality of the conduct; or

        (b)     the person did not know that the conduct was wrong; or

        (c)     the person could not control the conduct.

    (2)     For subsection (1) (b), a person does not know that conduct is wrong if the person cannot reason with a moderate degree of sense and composure about whether the conduct, as seen by a reasonable person, is wrong.

    (3)     The question whether a person was suffering from a mental impairment is a question of fact.

    (4)     A person is presumed not to have been suffering from a mental impairment that had an effect mentioned in subsection (1).

    (5)     The presumption is displaced only if it is proved on the balance of probabilities (by the prosecution or defence) that the person was suffering from a mental impairment that had an effect mentioned in subsection (1).

    (6)     The prosecution may rely on this section only if the court gives leave.

    (7)     If the trier of fact is satisfied that a person is not criminally responsible for an offence only because of mental impairment, it must—

        (a)     for an offence dealt with before the Supreme Court—return or enter a special verdict that the person is not guilty of the offence because of mental impairment; or

        (b)     for any other offence—find the person not guilty of the offence because of mental impairment.