CHAPTER IV
GENERAL RULES AS TO CRIMINAL RESPONSIBILITY

13. Insanity Act No.31 of 1997 Sch.

(1) A person shall not be 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—

(a) incapable of understanding what he is doing ;
(b) incapable of appreciating that he ought not to do the act or omission ; or
(c) does not have control of the act or omission.

(2) 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 referred to in subsection (1) to that act or omission.

PART I
GENERAL PROVISIONS

CHAPTER IV
GENERAL RULES AS TO CRIMINAL RESPONSIBILITY

14. 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 a criminal charge if by reason thereof the person charged at the time of the act or omission complained of did not understand 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.

(3) Where the defence under subsection (2) is established, then in a case falling under paragraph (a) of that subsection the accused shall be discharged and in a case falling under paragraph (b) of that subsection the provisions of this Code and of the Criminal Procedure Act relating to insanity shall apply.

(4) Intoxication shall be taken into account for the purpose of determining whether the person charged had formed any intention, specific or otherwise, in the absence of which he would not be guilty of the offence.

(5) For the purpose of this section "intoxication" shall be deemed to include a state produced by narcotics or drugs.