Substantial dispute about whether person committed offence
117 Substantial dispute about whether person committed offence
The Mental Health Court may not make a decision under section 116(1)(a) or (b) if the court is satisfied there is a substantial dispute about whether the person committed the offence as particularised (the disputed offence).
However, subsection (1) does not apply if the dispute exists only because of 1 or both of the following—
the person’s mental condition;
the operation of the Criminal Code, section 304, 304A or 304B.
If elements of the disputed offence are elements of another offence (the alternative offence) and there is not a substantial dispute about whether the person committed the alternative offence, subsection (1) does not prevent the court making a decision under section 116(1)(a) for the alternative offence.
If the court decides the person was of unsound mind when the alternative offence was committed, the proceeding against the person for the disputed offence is discontinued.
In this section—
particularised, for an offence with which a person is charged, means particularised in the bench charge sheet, complaint, notice to appear or indictment containing the charge against the person.
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