Infancy, Insanity & Intoxication Defences
- s.82: Nothing is an offence done by a child under 10 years of age.
- s.83: A child above 10 but under 14 is liable only if he has attained sufficient maturity of understanding to judge the nature and consequences of his conduct; if he has not attained such maturity, nothing is an offence.
- s.84 (Unsound mind/Insanity): A person incapable, by reason of unsoundness of mind, of knowing the nature of the act, or that it is contrary to law, or that it is wrong — commits no offence. An act of a person of unsound mind is generally not an offence.The burden of proving that the accused was insane at the time of commission of offence is on the accused.
- Burden of proof: There is a presumption of sanity; the burden of proving insanity lies on the accused.
- s.85–86 (Intoxication): To succeed as a defence, the degeneration of mental faculties must be total, and the intoxication must have been administered against the person's will or knowledge (i.e., not self-administered). Where a specific mens rea is required, whether it is presumed depends on the attending circumstances and degree of intoxication (s.86).