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.
Necessity - national proceedings
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