CRIMINAL CODE
[CAP. 9.
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contraventions shall be to the punishment of a fine
(multa) or imprisonment for a term not exceeding three
months.
(2) The law establishing in general terms a descent from one
punishment to another, shall not be deemed to include cases of
contraventions or of crimes liable to the punishments for
contraventions.
32. (1) Where the punishment includes a latitude of more
degrees, the ascent or descent shall be made by raising or lowering
the maximum and the minimum to the nearest degree respectively.
(2) When the punishment of solitary confinement is added to
another punishment, the ascent or descent shall be reckoned on
such other punishment:
Gradation in the
scale of
punishments.
Amended by:
XI.1900.9.
Provided that in cases of descent, the court may restrict the
punishment of solitary confinement to any smaller number of terms
or omit such punishment altogether.
TITLE II
OF THE WILL AND A GE OF THE O FFENDER
33. Every person is exempt from criminal responsibility if at
the time of the act or omission complained of, such person (a) was in a state of insanity; or
(b) was constrained thereto by an external force which he
could not resist.
Defect of will.
Amended by:
XI.1900.10;
V.1956.7;
XVIII. 1976.52.
33A. (1) Where an offence is committed by a person who is a
p r i s o n e r t h e p u n i s h m e n t f o r t h e o ff e n c e s h a l l i n c a s e o f a
conviction be increased by one or two degrees and the provisions of
articles 21 and 21 of the Probation Act shall not apply.
Increase in
punishment for
offences
committed by
prisoners in prison.
Added by:
XIII. 2005.3.
Cap. 446.
Cap. 260.
(2) For the purposes of this article ''prisoner'' has the same
meaning assigned to it by article 2 of the Prisons Act and includes a
prisoner deemed to be confined in a prison according to the
provisions of article 3(3) of the same Act.
34. (1) Save as provided in this article, intoxication shall not
constitute a defence to any criminal charge.
(2)
Intoxication shall be a defence to any criminal charge if (a) by reason thereof the person charged at the time of the
act or omission complained of was incapable of
understanding or volition and the state of intoxication
was caused without his consent by the malicious or
negligent act of another person; or
(b) the person charged was by reason of the intoxication
insane, temporarily or otherwise, at the time of such
act or omission.
Intoxication.
Added by:
XIII. 1935.2.
Amended by:
V. 1956.8.