Act 9 Penal Code Act 23. Presumption of Knowledge of an Intoxicated Person. 2008 A person who does an act in a state of intoxication is presumed to have the same knowledge as he or she would have had if he or she not intoxicated. Defences Negating Criminal Responsibility 24. Acts of a Person Incapable of Judgment by Reason of Intoxication Caused Against his or her Will. No act is an offence which is committed by a person who, at the time of doing such act, did not possess the power of appreciating the nature of his or her actions or of controlling them, by reason of intoxication caused by any substance administered to him or her against his or her will or without his or her knowledge. 25. Act done by Person Bound or Justified by Law. No act is an offence which is done by a person who is legally bound to do it or justified by law in doing it, or who by reason of a mistake of fact, and not by reason of a mistake of law in good faith believes himself or herself to be bound by law to do it or justified by law in doing it. Illustration— (a) “A” an officer of a Court being ordered by that Court to arrest “Y” and after due enquiry believing “Z” to be “Y” arrests “Z”. “A” has committed no offence. (b) “A” sees “Z” commit what appears to “A” to be a murder. “A” in the exercise to the best of his or her judgment exerted in good faith of the power which the law gives to all persons of arresting murderers in the act, seizes “Z” in order to bring “Z” before the proper authorities. “A” has committed no offence, though it may turn out that “Z” was acting in self defence. 34