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Criminal Code Act 1983
43EStandard of proof
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43E Standard of proof
The question of whether a person was suffering from a mental
impairment having the effect specified in section 43C(1)(a), (b)
or (c):
(a) is a question of fact; and
(b) subject to sections 43H and 43XA, is to be determined by a
jury on the balance of probabilities.