Mental Health Act 2016
sec.109Meaning of unsound mind
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sec.109 Meaning of unsound mind
Unsound mind means— a state of mental disease or natural mental infirmity described in the Criminal Code , section 27 (1) ; or a state of mind described in the Criminal Code , section 28 (1) for which the Criminal Code , section 27 (1) applies to a person. However, unsound mind does not include a state of mind resulting, to any extent, from intentional intoxication or stupefaction alone or in combination with some other agent at or about the time of the alleged offence. (sec.109-ssec.1) Unsound mind means— a state of mental disease or natural mental infirmity described in the Criminal Code , section 27 (1) ; or a state of mind described in the Criminal Code , section 28 (1) for which the Criminal Code , section 27 (1) applies to a person. (sec.109-ssec.2) However, unsound mind does not include a state of mind resulting, to any extent, from intentional intoxication or stupefaction alone or in combination with some other agent at or about the time of the alleged offence.
- (a) a state of mental disease or natural mental infirmity described in the Criminal Code , section 27 (1) ; or
- (b) a state of mind described in the Criminal Code , section 28 (1) for which the Criminal Code , section 27 (1) applies to a person.