Papua New Guinea

Criminal Code Act 1974

SCHEDULE 1 – THE CRIMINAL CODE.

PART I. – INTRODUCTORY.

Division 5. – Criminal Responsibility.

27. PRESUMPTION OF SANITY.

Until the contrary is proved every person is presumed to be of sound mind and to have been of sound mind at any time that comes in question.

28. INSANITY.

(1) 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 in such a state of mental disease or natural mental infirmity as to deprive him of capacity–

(a) to understand what he is doing ; or
(b) to control his actions ; or
(c) to know that he ought not to do the act or make the omission.

(2) A person–

(a) whose mind, at the time of his doing or omitting to do an act is affected by delusions on some specific matter or matters ; and
(b) who is not otherwise entitled to the benefit of the provisions of Subsection (1), is criminally responsible for the act or omission to the same extent as if the real state of things had been such as he was induced by the delusions to believe to exist.

Keywords

Incapacity - national proceedings
Insanity - national proceedings
Mental disease or defect - national proceedings



EDIT.