Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 1 IntroductoryChapter 5 Criminal responsibility[s 24](3) Unless otherwise expressly declared, the motive by which aperson is induced to do or omit to do an act, or to form anintention, is immaterial so far as regards criminalresponsibility.24 Mistake of fact(1) A person who does or omits to do an act under an honest andreasonable, but mistaken, belief in the existence of any stateof things is not criminally responsible for the act or omissionto any greater extent than if the real state of things had beensuch as the person believed to exist.(2) The operation of this rule may be excluded by the express orimplied provisions of the law relating to the subject.25 Extraordinary emergenciesSubject to the express provisions of this Code relating to actsdone upon compulsion or provocation or in self-defence, aperson is not criminally responsible for an act or omissiondone or made under such circumstances of sudden orextraordinary emergency that an ordinary person possessingordinary power of self-control could not reasonably beexpected to act otherwise.26 Presumption of sanityEvery person is presumed to be of sound mind, and to havebeen of sound mind at any time which comes in question,until the contrary is proved.27 Insanity(1) A person is not criminally responsible for an act or omission ifat the time of doing the act or making the omission the personis in such a state of mental disease or natural mental infirmityas to deprive the person of capacity to understand what theperson is doing, or of capacity to control the person’s actions,Current as at 1 December 2014 Page 55