Australian Capital Territory Consolidated Acts

CRIMINAL CODE 2002 - SECT 28

    (1)     A person is not criminally responsible for an offence if, when carrying out the conduct required for the offence, the person was suffering from a mental impairment that had the effect that—

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

        (b)     the person did not know that the conduct was wrong; or

        (c)     the person could not control the conduct.

    (2)     For subsection (1) (b), a person does not know that conduct is wrong if the person cannot reason with a moderate degree of sense and composure about whether the conduct, as seen by a reasonable person, is wrong.

    (3)     The question whether a person was suffering from a mental impairment is a question of fact.

    (4)     A person is presumed not to have been suffering from a mental impairment.

    (5)     The presumption is displaced only if it is proved on the balance of probabilities (by the prosecution or defence) that the person was suffering from a mental impairment.

    (6)     The prosecution may rely on this section only if the court gives leave.

    (7)     If the trier of fact is satisfied that a person is not criminally responsible for an offence only because of mental impairment, it must—

        (a)     for an offence dealt with before the Supreme Court—return or enter a special verdict that the person is not guilty of the offence because of mental impairment; or

        (b)     for any other offence—find the person not guilty of the offence because of mental impairment.