s 29
In forceMental impairment and other defences
Chapter 2General principles of criminal responsibility
Part 2.3Circumstances where there is no criminal responsibility
Division 2.3.2Lack of capacity—mental impairment
29 Mental impairment and other defences
(1)
A person cannot rely on a mental impairment to deny voluntariness or the existence of a fault element, but may rely on mental impairment to deny criminal responsibility.
(2)
If the trier of fact is satisfied that a person carried out conduct because of a delusion caused by a mental impairment, the delusion itself cannot be relied on as a defence, but the person may rely on the mental impairment to deny criminal responsibility.
Division 2.3.3 Intoxication
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