Page:Crimes (Amendment) Ordinance 2021.pdf/13

Crimes (Amendment) Ordinance 2021 Ord. No. 35 of 2021 Section 3 :'''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