Part 3 s 22
(2)
Crimes Act 1961
Version as at
6 November 2021
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 per‐
son who is alleged to be a party to that offence is guilty of that offence.
Compare: 1908 No 32 s 41
22
Children between 10 and 14
(1)
No person shall be convicted of an offence by reason of any act done or omit‐
ted by him or her when of the age of 10 but under the age of 14 years, unless he
or she knew either that the act or omission was wrong or that it was contrary to
law.
(2)
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 per‐
son who is alleged to be a party to that offence is guilty of that offence.
Compare: 1908 No 32 s 42
Insanity
23
Insanity
(1)
Every one shall be presumed to be sane at the time of doing or omitting any act
until the contrary is proved.
(2)
No person shall be convicted of an offence by reason of an act done or omitted
by him or her when labouring under natural imbecility or disease of the mind to
such an extent as to render him or her incapable—
(a)
of understanding the nature and quality of the act or omission; or
(b)
of knowing that the act or omission was morally wrong, having regard to
the commonly accepted standards of right and wrong.
(3)
Insanity before or after the time when he or she did or omitted the act, and
insane delusions, though only partial, may be evidence that the offender was, at
the time when he or she did or omitted the act, in such a condition of mind as
to render him or her irresponsible for the act or omission.
(4)
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 per‐
son who is alleged to be a party to that offence is guilty of that offence.
Compare: 1908 No 32 s 43
Compulsion
24
Compulsion
(1)
Subject to the provisions of this section, a person who commits an offence
under compulsion by threats of immediate death or grievous bodily harm from
a person who is present when the offence is committed is protected from crim‐
inal responsibility if he or she believes that the threats will be carried out and if
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