28Defence of mental health impairment or cognitive impairment

#### 28 Defence of mental health impairment or cognitive impairment 28 Defence of mental health impairment or cognitive impairment > > (1) A person is not criminally responsible for an offence if, at the time of carrying out the act constituting the offence, the person had a mental health impairment or a cognitive impairment, or both, that had the effect that the person— > > > > > (a) did not know the nature and quality of the act, or > > > > > (b) did not know that the act was wrong (that is, the person could not reason with a moderate degree of sense and composure about whether the act, as perceived by reasonable people, was wrong). > > > (2) The question of whether a defendant had a mental health impairment or a cognitive impairment, or both, that had that effect is a question of fact and is to be determined by the jury on the balance of probabilities. > > > (3) Until the contrary is proved, it is presumed that a defendant did not have a mental health impairment or cognitive impairment, or both, that had that effect. > > > (4) In this Part, act includes— > > > > > (a) an omission, and > > > > > (b) a series of acts or omissions.