14
Crimes
2013, No. 10
(b) when the Court has sufficient information on the
condition of a defendant acquitted on account of
his or her insanity, the Court must (i) consider all the circumstances of the
case; and
(ii) consider the evidence of the two (2)
medical practitioners; and
(c) if it is satisfied that the making of the order is
necessary in the interests of the public or any
person or class of persons who may be affected by
the Court’s decision.
(5) Despite anything in the Mental Health Act 2007 no
person subject to an order made under subsection (4)(a) shall be
released on leave or discharged from any institution without an
order of the Court that made the order detaining that person.
14. Compulsion-(1) Except in relation to the offences listed
in subsection (2), a person who commits an offence under
compulsion arising from threats of immediate death or serious
bodily harm from a person who is present when the offence is
committed is not criminally responsible if he or she:
(a) believes that the threat will be carried out; and
(b) is not a party to any association or conspiracy from
which the compulsion arises or was a foreseeable
consequence.
(2) Nothing in subsection (1) applies where one of the
following offences is committed:
(a) treason or communicating secrets;
(b) sabotage;
(c) piracy;
(d) piratical acts;
(e) murder;
(f) attempt to murder;
(g) wounding with intent;
(h) injuring with intent to cause grievous bodily harm;
(i) abduction;
(j) kidnapping;
(k) robbery;
(l) aggravated robbery;