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Criminal Code (Amendment) Act 1972

REPUBLIC OF NAURU

CRIMINAL CODE (AMENDMENT) ACT 1972
(No. 22 of 1972)

ARRANGEMENT OF SECTIONS

Section

1. Short title
2. Interpretation
3. Addition of a new section 304A to the Criminal Code

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AN ACT

To amend the Criminal Code of Queensland in its application to Nauru.

(Certified: 14th December, 1972)

Enacted by the Parliament of Nauru as follows:

SHORT TITLE

1. This Act may be cited as the Criminal Code (Amendment) Act 1972.

INTERPRETATION

2. In this Act "the Criminal Code" means the First Schedule to the Criminal Code Act 1899 of the State of Queensland in its application to Nauru.

ADDITION OF A NEW SECTION 304A TO THE CRIMINAL CODE

3. The following new Section 304A is added to the Criminal Code in Chapter XXVIII of Part V thereof -

"DIMINISHED RESPONSIBILITY

304A. (1) Where a person kills, or is a party to the killing of, another he shall not be convicted of wilful murder or murder if he was suffering, at the time of doing the act or making the omission which caused death, from such abnormality of mind, whether arising from a condition of arrested or retarded development of mind or inherent causes or induced by disease, injury or emotional shock, as substantially impaired his capacity to understand what he was doing, or his capacity to know that he ought not to do the act or make the omission.

(2) On a charge of wilful murder or murder, it shall be for the defence to prove on a balance of probabilities that the person charged is by virtue of this section not liable to be convicted of wilful murder or murder.

(3) A person who but for this section would be liable, whether as principal or accessory, to be convicted of wilful murder or murder shall be liable instead to be convicted of manslaughter.

(4) The fact that one party to a killing is by virtue of this section not liable to be convicted of wilful murder or murder shall not affect the question whether the killing amounted to wilful murder or murder in the case of any other party to it."

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