[Rev. 2012]
Penal Code
CAP. 63
9. Intention and motive
(1) Subject to the express provisions of this Code relating to negligent acts
and omissions, a person is not criminally responsible for an act or omission which
occurs independently of the exercise of his will, or for an event which occurs by
accident.
(2) Unless the intention to cause a particular result is expressly declared to be
an element of the offence constituted, in whole or part, by an act or omission, the
result intended to be caused by an act or omission is immaterial.
(3) Unless otherwise expressly declared, the motive by which a person is
induced to do or omit to do an act, or to form an intention, is immaterial so far as
regards criminal responsibility.
10. Mistake of fact
(1) A person who does or omits to do an act under an honest and reasonable,
but mistaken, belief in the existence of any state of things is not criminally
responsible for the act or omission to any greater extent than if the real state of
things had been such as he believed to exist.
(2) The operation of this section may be excluded by the express or implied
provisions of the law relating to the subject.
11. Presumption of sanity
Every person is presumed to be of sound mind, and to have been of sound mind
at any time which comes in question, until the contrary is proved.
12. Insanity
A person is not criminally responsible for an act or omission if at the time of
doing the act or making the omission he is through any disease affecting his mind
incapable of understanding what he is doing, or of knowing that he ought not to
do the act or make the omission; but a person may be criminally responsible for
an act or omission, although his mind is affected by disease, if such disease does
not in fact produce upon his mind one or other of the effects above mentioned in
reference to that act or omission.
13. Intoxication
(1) Save as provided in this section, intoxication shall not constitute a defence
to any criminal charge.
(2) Intoxication shall be a defence to any criminal charge if by reason thereof
the person charged at the time of the act or omission complained of did not know
that such act or omission was wrong or did not know what he was doing and—
(a) 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 intoxication insane, temporarily
or otherwise, at the time of such act or omission.
P6-20
[Issue 1]
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