Victorian Current Acts

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

    (1)     A child is presumed not to have been suffering from a mental impairment having the effect referred to in section 38ZA(1) until the contrary is proved.

    (2)     The question whether a child was suffering from a mental impairment having the effect referred to in section 38ZA(1)—

        (a)     is a question of fact; and

        (b)     is to be determined on the balance of probabilities.

    (3)     If the defence of mental impairment is raised by the prosecution or the defence, the party raising it bears the onus of rebutting the presumption.

    (4)     If the defence intends to raise the question of mental impairment, the defence must give reasonable notice of that intention to the prosecution.

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