Mental Health Act 2016
sec.120Diminished responsibility—discontinuance of proceeding
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sec.120 Diminished responsibility—discontinuance of proceeding
If the person was charged with the offence of murder and the Mental Health Court decides the person was of diminished responsibility when the offence was allegedly committed, the proceeding against the person for the offence of murder is discontinued. However, the proceeding may be continued against the person for another offence constituted by the act or omission to which the proceeding for the offence of murder relates. (sec.120-ssec.1) If the person was charged with the offence of murder and the Mental Health Court decides the person was of diminished responsibility when the offence was allegedly committed, the proceeding against the person for the offence of murder is discontinued. (sec.120-ssec.2) However, the proceeding may be continued against the person for another offence constituted by the act or omission to which the proceeding for the offence of murder relates.