Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 2 - GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY  

Part 2.3 - Circumstances in which there is no criminal responsibility  

Note:

This Part sets out defences that are generally available. Defences that apply to a more limited class of offences are dealt with elsewhere in this Code and in other laws.

Division 10 - Circumstances involving external factors  

SECTION 10.3   Sudden or extraordinary emergency  

(1)    
A person is not criminally responsible for an offence if he or she carries out the conduct constituting the offence in response to circumstances of sudden or extraordinary emergency.

(2)    
This section applies if and only if the person carrying out the conduct reasonably believes that:


(a) circumstances of sudden or extraordinary emergency exist; and


(b) committing the offence is the only reasonable way to deal with the emergency; and


(c) the conduct is a reasonable response to the emergency.

 

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