Australian Capital Territory Current Acts

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CRIMINAL CODE 2002 - SECT 29

Mental impairment and other defences

    (1)     A person cannot rely on a mental impairment to deny voluntariness or the existence of a fault element, but may rely on mental impairment to deny criminal responsibility.

    (2)     If the trier of fact is satisfied that a person carried out conduct because of a delusion caused by a mental impairment, the delusion itself cannot be relied on as a defence, but the person may rely on the mental impairment to deny criminal responsibility.



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