PART II - GENERAL PRINCIPLES OF CRIMINAL LIABILITY

Involuntary acts
8. (1) In this section, “involuntary act” means an act of which the actor at the time of the commission of the act is not conscious, or an act over which he or she has no control.

(2) Except where expressly provided for in any other written law, a person shall not be criminally liable for any involuntary act.

PART II - GENERAL PRINCIPLES OF CRIMINAL LIABILITY

Automatism
9. (1) A person who acts in a state of unconsciousness, or whose consciousness is so impaired as to make him or her unable to control his or her actions, shall not be liable for any offence committed during such a state.

(2) This defence shall not be available to any person who, knowing
of the existence of the condition which gives rise to such conduct, nonetheless recklessly places himself or herself in circumstances where she or he is likely to cause harm to persons or property.

(3) Where conduct referred to under subsection (1) is the result of a mental disorder, and where it appears to the court that there is a significant danger that the accused person is likely to cause harm to others, the court may acquit the accused person subject to the making of an order under section 172 of the Criminal Procedure and Evidence Act, 19811.

PART II - GENERAL PRINCIPLES OF CRIMINAL LIABILITY

Claim of right
14. A person shall not be guilty of an offence relating to property if his or her act or omission in relation to that property was accompanied by a reasonably held belief that he or she was exercising a claim of right.