BOOK I
General Provisions
PART II
Rules as to Criminal Responsibility
TITLE II
General Explanations
15. Provisions relating to consent
(a) a consent shall be void if the person giving it is under seven years of age, or is, by reason of insanity, or of immaturity, or of any other permanent or temporary incapacity, whether from intoxication or any other cause, unable to understand the nature or consequences of the act to which he or she consents;
''BOOK III Procedure Relating to Indictable Offences, PART V Trial in the Supreme Court, TITLE XIX Trial Records,180. Procedure where accused appears upon arraignment, or during trial, to be insane''
(1) If any accused appears, before or upon arraignment, to be insane, the Court may order a jury to be impanelled to try his or her sanity, and the jury shall thereupon, after hearing evidence for that purpose, find whether he or she is or is not insane and unfit to take his or her trial.
(2) If, during the trial of the accused, he or she appears to the jury to be insane, the Court shall direct the jury to abstain from finding a verdict upon the indictment, and in lieu thereof to return a verdict that the accused is insane:
Provided that a verdict under this section shall not affect the trial of any person so found to be insane for the offence for which he or she was indicted, in case he or she subsequently becomes of sound mind.
''BOOK III Procedure Relating to Indictable Offences, PART V Trial in the Supreme Court, TITLE XIX Trial Records,180. Procedure where accused appears upon arraignment, or during trial, to be insane''
(1) If any accused appears, before or upon arraignment, to be insane, the Court may order a jury to be impanelled to try his or her sanity, and the jury shall thereupon, after hearing evidence for that purpose, find whether he or she is or is not insane and unfit to take his or her trial.
(2)If, during the trial of the accused, he or she appears to the jury to be insane, the Court shall direct the jury to abstain from finding a verdict upon the indictment, and in lieu thereof to return a verdict that the accused is insane:
Provided that a verdict under this section shall not affect the trial of any person so found to be insane for the offence for which he or she was indicted, in case he or she subsequently becomes of sound mind.
''BOOK III Procedure Relating to Indictable Offences, PART V Trial in the Supreme Court, TITLE XIX Trial Records, 182. Provision for custody of accused found insane''
(2)The Judge shall immediately report the finding of the jury and the detention of the accused to the Governor-General, who shall order him or her to be dealt with as a lunatic under the laws of this state for the time being in force for the care and custody of lunatics, or otherwise as he or she may think proper.
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.