CHAPTER XIV
GENERAL DEFENCES AND MITIGATING FACTORS
Division B: Defences and Mitigating Factors Relating to the Mental State
PART V
MENTAL DISORDER
226 Interpretation in Part V of Chapter XIV
In this Part
“mental disorder or defect” means mental illness, arrested or incomplete development of mind,
psychopathic disorder or any other disorder or disability of the mind.
227 Mental disorder at time of commission of crime
(1) The fact that a person charged with a crime was suffering from a mental disorder or defect when the person did or omitted to do anything which is an essential element of the crime charged shall be a complete defence to the charge if the mental disorder or defect made him or her
(a) incapable of appreciating the nature of his or her conduct, or that his or her conduct was unlawful, or both; or
(b) incapable, notwithstanding that he or she appreciated the nature of his or her conduct, or that his or her conduct was unlawful, or both, of acting in accordance with such an appreciation.
(2) For the purposes of subsection (1), the cause and duration of the mental disorder or defect shall be immaterial.
(3) Subsection (1) shall not apply to a mental disorder or defect which is neither permanent nor long-lasting, suffered by a person as a result of voluntary intoxication as defined in section two hundred and nineteen.
228 Mental disorder at time of trial
The fact that a person is mentally disordered or defective at the time of his or her trial on a criminal charge shall not be a defence to the charge unless he or she was also mentally disordered or defective at the time he or she did or omitted to do anything that is an essential element of the crime charged.
229 Application of Cap. 15:12
Nothing in this Part shall affect the operation of the Mental Health Act [Chapter 15:12] (Act No. 15 of 1996) in relation to
(a) the procedure to be followed when persons being tried are found to be mentally disordered or defective or any verdict to be returned at any such trial; or
(b) the detention, examination or treatment of persons found to be mentally disordered or defective.
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.