NTIn ForceAct
Criminal Code Act 1983
43DPresumption of competence and burden of proof
Start here
Get a plain-English read of 43D
Turn the raw legal text into a practical explanation grounded in Criminal Code Act 1983.
43D Presumption of competence and burden of proof
(1) A person is presumed not to have been suffering a mental
impairment unless the contrary is proved.
(2) The party raising the defence of mental impairment bears the onus
of rebutting the presumption specified in subsection (1).