PART III
MATTERS OF JUSTIFICATION OR EXCUSE
13. Insanity-
(1) A person shall be presumed to be sane at the time of doing or omitting any act until the person proves on the balance of probabilities that he or she was not sane to the extent provided in subsection (2).
(2) A person is not criminally responsible for any act done or omitted to be done when suffering from a mental defect or mental disorder that renders the person incapable:
(a) of knowing what he or she is doing or omitting to do; or
(b) of attributing to that act or omission the same moral character that members of the community generally would attribute to that act or omission.
(3) The fact that by virtue of this section any person has not been or is not liable to be convicted of an offence shall not affect the question whether any other person who is alleged to be a party to that offence is guilty of that offence.
(4) Where upon the trial of any person that person is acquitted on account of insanity, the Judge must order that the person be examined by two (2) medical practitioners and the following provisions apply:
(a) pending the receipt by the Judge of certificates from the medical practitioners, the person must be detained in one of the following places as the Judge thinks appropriate -
(i) a private or public hospital; or
(ii) a prison facility;
(b) when the Court has sufficient information on the condition of a defendant acquitted on account of
his or her insanity, the Court must -
(i) consider all the circumstances of the case; and
(ii) consider the evidence of the two (2) medical practitioners; and
(c) if it is satisfied that the making of the order is necessary in the interests of the public or any person or class of persons who may be affected by the Court’s decision.
(5) Despite anything in the Mental Health Act 2007 no person subject to an order made under subsection (4)(a) shall be released on leave or discharged from any institution without an order of the Court that made the order detaining that person.
PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE
9. Defences to offences under sections 5, 6 or 7 -
(1) A person charged with an offence under section 5, 6 or 7 may rely on any defence, excuse or justification available to the person under the law of Samoa or under international law, including but not limited to the defences under Articles 31 and 32 of the Statute.
1. In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible if, at the time of that person's conduct:
(a) The person suffers from a mental disease or defect that destroys that person's capacity to appreciate the unlawfulness or nature of his or her conduct, or capacity to control his or her conduct to conform to the requirements of law;
(b) The person is in a state of intoxication that destroys that person's capacity to appreciate the unlawfulness or nature of his or her conduct, or capacity to control his or her conduct to conform to the requirements of law, unless the person has become voluntarily intoxicated under such circumstances that the person knew, or disregarded the risk, that, as a result of the intoxication, he or she was likely to engage in conduct constituting a crime within the jurisdiction of the Court;
(c) The person acts reasonably to defend himself or herself or another person or, in the case of war crimes, property which is essential for the survival of the person or another person or property which is essential for accomplishing a military mission, against an imminent and unlawful use of force in a manner proportionate to the degree of danger to the person or the other person or property protected. The fact that the person was involved in a defensive operation conducted by forces shall not in itself constitute a ground for excluding criminal responsibility under this subparagraph;
(d) The conduct which is alleged to constitute a crime within the jurisdiction of the Court has been caused by duress resulting from a threat of imminent death or of continuing or imminent serious bodily harm against that person or another person, and the person acts necessarily and reasonably to avoid this threat, provided that the person does not intend to cause a greater harm than the one sought to be avoided. Such a threat may either be:
(i) Made by other persons; or
(ii) Constituted by other circumstances beyond that person's control.