CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 269A
CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 269A
(1) In this
Part—
"authorised person" means a person authorised by the Minister to exercise the
powers of an authorised person under this Part;
"consumption" of a drug includes—
(a)
injection of the drug (either by the person to whom the drug is administered
or someone else); and
(b)
inhalation of the drug; and
(c) any
other means of introducing the drug into the body;
"continuing supervision order"—see section 269UB;
"defence"—a defence exists if, even though the objective elements of an
offence are found to exist, the defendant is entitled to the benefit of an
exclusion, limitation or reduction of criminal liability at common law or by
statute;
"defensible"—a defendant's conduct is to be regarded as defensible in
proceedings under this Part if, on the trial of the offence to which the
proceedings relate, a defence might be found to exist;
"Division 3A order"—see section 269NB;
"drug" means alcohol or any other substance that is capable (either alone or
in combination with other substances) of influencing mental functioning;
"intoxication" means a temporary disorder, abnormality or impairment of the
mind that results from the consumption or administration of a drug;
"judge" includes magistrate;
"limiting term" for a supervision order—see section 269O;
"medical practitioner" means a registered medical practitioner or registered
dentist;
"mental illness" means a pathological infirmity of the mind (including a
temporary one of short duration) 1 ;
"mental impairment" includes—
(a) a
mental illness; or
(b) an
intellectual disability; or
(c) a
disability or impairment of the mind resulting from senility;
"Minister" means the Minister responsible for the administration of the
Mental Health Act 1993 ;
"next of kin" of a person means a person's spouse, domestic partner, parents
and children;
"objective element" of an offence means an element of an offence that is not a
subjective element;
"prescribed authority" means—
(a) the
person for the time being performing the duties, or holding or acting in the
position, of the Clinical Director, Forensic Mental Health Service South
Australia; or
(b) if
no such position exists—the person declared by the regulations to be the
prescribed authority for the purposes of this Part;
"psychiatrist" means a person registered under the Health Practitioner
Regulation National Law as a specialist in psychiatry;
"recreational use" of a drug—consumption of a drug is to be regarded as
recreational use of the drug unless—
(a) the
drug is administered against the will, or without the knowledge, of the person
who consumes it; or
(b) the
consumption occurs accidentally; or
(c) the
person who consumes the drug does so under duress, or as a result of fraud or
reasonable mistake; or
(d) the
consumption is therapeutic;
"self-induced"—see subsections (2a) and (2b);
"subjective element" of an offence means voluntariness, intention, knowledge
or some other mental state that is an element of the offence;
"supervision order"—see section 269O;
"therapeutic"—the consumption of a drug is to be regarded as therapeutic
if—
(a) the
drug is prescribed by, and consumed in accordance with the directions of, a
medical practitioner; or
(b) the
drug—
(i)
is a drug of a kind available, without prescription, from
registered pharmacists; and
(ii)
is consumed for a purpose recommended by the manufacturer
and in accordance with the manufacturer's instructions;
"training centre" means a training centre established for the detention of
youths;
"victim", in relation to an offence or conduct that would, but for the
perpetrator's mental impairment, have constituted an offence, means a person
who suffered significant mental or physical injury as a direct consequence of
the offence or the conduct;
"youth" has the same meaning as in the Young Offenders Act 1993 .
(2) For the purposes
of this Part—
(a) the
question whether a person was mentally competent to commit an offence is a
question of fact;
(b) the
question whether a person is mentally unfit to stand trial on a charge of an
offence is a question of fact.
(2a) Intoxication
resulting from the recreational use of a drug is to be regarded as
self-induced.
(2b) If a person
becomes intoxicated as a result of the combined effect of the therapeutic
consumption of a drug and the recreational use of the same or another drug,
the intoxication is to be regarded as self-induced even though in part
attributable to therapeutic consumption.
(3) In applying a
provision of this Part to a youth who is being or has been dealt with as a
youth (and not as an adult)—
(a) a
reference to custody in a prison is to be read as detention in a
training centre; and
(b) a
reference to the "Parole Board" is to be read as a
reference to the "Training Centre Review Board".
Note—
1 A condition that results from the reaction of a
healthy mind to extraordinary external stimuli is not a mental illness,
although such a condition may be evidence of mental illness if it involves
some abnormality and is prone to recur (see R v Falconer (1990) 171 CLR 30).