Victorian Consolidated Legislation

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - SECT 20

PART 4 DEFENCE OF MENTAL IMPAIRMENT

Defence of mental impairment

20. Defence of mental impairment



(1) The defence of mental impairment is established for a person charged with
an offence if, at the time of engaging in conduct constituting the offence,
the person was suffering from a mental impairment that had the effect that-

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

   (b)  he or she did not know that the conduct was wrong (that is, he or she
        could not reason with a moderate degree of sense and composure about
        whether the conduct, as perceived by reasonable people, was wrong).

(2) If the defence of mental impairment is established, the person must be
found not guilty because of mental impairment.