The ACT Court of Appeal held that an acquittal at a Special Hearing under Division 13.2 of the Crimes Act 1900 (ACT) is a final acquittal attracting the double jeopardy principle, and a Crown appeal against such an acquittal is incompetent. On the reference appeal, the Court held that at a Special Hearing the prosecution must prove beyond reasonable doubt the physical acts of the offence which would constitute an offence if done intentionally and voluntarily, together with any particular intent or knowledge specified as an element of the offence, but is not required to negative lack of mental capacity to act intentionally or voluntarily unless objective evidence raises such an issue (including mistake, accident, lack of specific intent, or self-defence), in which case the prosecution must negative that issue beyond reasonable doubt. Pleas of mental impairment, provocation, and diminished responsibility are not available at a Special Hearing.
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