Spans in 'Fiji - Crimes decree 2009' tagged with 'Necessity

'Necessity - national proceedings' in document 'Fiji - Crimes decree 2009'

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More information about the keyword 'Necessity - national proceedings'
More information about the document 'Fiji - Crimes decree 2009'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER II — GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY

PART 6 — CIRCUMSTANCES IN WHICH THERE IS NO CRIMINAL RESPONSIBILITY

Division 4 — Circumstances involving external factors

Sudden or extraordinary emergency

41.—(1) A person is not criminally responsible for an offence if he or she carries out the conduct constituting the offence in response to circumstances of sudden or extraordinary emergency.

(2) This section applies if and only if the person carrying out the conduct reasonably believes that—

(a) circumstances of sudden or extraordinary emergency exist ; and
(b) committing the offence is the only reasonable way to deal with the emergency ; and
(c) the conduct is a reasonable response to the emergency.