2013, No. 10
Crimes
13
(2) The matters provided for in this Part are declared to be
justifications or excuses in the case of all charges to which they
are applicable.
12. Infancy-(1) No person shall be convicted of an offence in
relation to any act or omission done or omitted by him or her
when under the age of 10 years.
(2) No person shall be convicted of an offence in relation to
any act or omission done or omitted by him or her when of the
age of 10 years but under the age of 12 years, unless he or she
knew that the act or omission was morally wrong, or that it was
contrary to law.
13. Insanity-(1) A person shall be presumed to be sane at the
time of doing or omitting any act until the person proves on the
balance of probabilities that he or she was not sane to the extent
provided in subsection (2).
(2) A person is not criminally responsible for any act done or
omitted to be done when suffering from a mental defect or
mental disorder that renders the person incapable:
(a) of knowing what he or she is doing or omitting to do;
or
(b) of attributing to that act or omission the same moral
character that members of the community
generally would attribute to that act or omission.
(3) The fact that by virtue of this section any person has not
been or is not liable to be convicted of an offence shall not affect
the question whether any other person who is alleged to be a
party to that offence is guilty of that offence.
(4) Where upon the trial of any person that person is
acquitted on account of insanity, the Judge must order that the
person be examined by two (2) medical practitioners and the
following provisions apply:
(a) pending the receipt by the Judge of certificates from
the medical practitioners, the person must be
detained in one of the following places as the
Judge thinks appropriate (i) a private or public hospital; or
(ii) a prison facility;