Victorian Current Acts

CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997 - SECT 38ZA

    (1)     The defence of mental impairment is established for a child charged with an offence if, at the time of engaging in conduct constituting the offence, the child was suffering from a mental impairment that had the effect that—

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

        (b)     he or she did not know that the conduct was wrong (that is, he or she could not reason with a moderate degree of sense and composure about whether the conduct, as perceived by reasonable people, was wrong).

    (2)     If the defence of mental impairment is established, the child must be found not guilty because of mental impairment.

S. 38ZB
inserted by No. 55/2014 s. 125 (as amended by No. 79/2014 s. 48).