Crimes (Amendment) Ordinance 2021
Ord. No. 35 of 2021
Section 3
A3621
- 159AAI. Defence regarding age or mental capacity of subject individual
- (1) This section applies to proceedings against a person charged with an offence under Division 2 if the subject individual—
- (a) is under the age of 16; or
- (b) is a mentally incapacitated person as defined by section 117(1).
- (2) It is a defence for the person to prove that the person—
- (a) honestly believed that a consent was given by the subject individual to the person’s conduct that would constitute the offence; and
- (b) did not know and had no reason to suspect that the subject individual was an individual falling within subsection (1)(a) or (b).
- (3) The burden of proving a defence under subsection (2) lies on the person.
- 159AAJ. Defence regarding lawful authority or reasonable excuse
- (1) Subject to subsection (3), it is a defence for a person charged with an offence under Division 2 to establish that the person had lawful authority or reasonable excuse for the contravention.
- (2) A person is taken to have established that the person had lawful authority or reasonable excuse referred to in subsection (1) if—
- (a) there is sufficient evidence to raise an issue with respect to the lawful authority or reasonable excuse; and
