(a) having formed an intention to commit a crime, becomes voluntarily intoxicated for the purpose of
enabling him or her to commit the crime or facilitating his or her commission of the crime; and
(b) while so intoxicated, does or omits to do anything which, if done or omitted, as the case may be, with
the requisite intention, would be an essential element of a crime;
the person may be convicted of the crime concerned on the basis of his or her original intention, in all respects as
if he or she had not been intoxicated when he or she did or omitted to do the thing concerned.
(2) Notwithstanding any other provision of this Code, if a person becomes voluntarily intoxicated realising
that there is real risk or possibility that he or she will, in his or her intoxicated condition, engage in any conduct
for which he or she may be held criminally liable, he or she may be convicted of the crime constituted by the
conduct on the basis of his or her original realisation, in all respects as if he or she had not been intoxicated when
he or she did or omitted to do the thing concerned.
224 Voluntary intoxication leading to provocation
If a person, while in a state of voluntary intoxication, is provoked into any conduct by something which
would not have provoked that person had he or she not been intoxicated, the court shall, in accordance with Part
IX, regard such provocation as mitigatory when assessing the sentence.
225 Intoxication leading to mental disorder
If a person, as a result of voluntary or involuntary intoxication, suffers from a permanent or long-lasting
disorder or disability of mind, the disorder or disability shall be capable of constituting a defence of mental
disorder in terms of Part V to a criminal charge arising out of any conduct on the person’s part whilst he or she is
suffering from the disorder or disability:
Provided that a verdict that the person was mentally disordered shall not be returned if the person's mind was
only temporarily disordered or disabled by the effects of alcohol or a drug.
PART V
M ENTAL DISORDER
226 Interpretation in Part V of Chapter XIV
In this Part
“mental disorder or defect” means mental illness, arrested or incomplete development of mind, psychopathic
disorder or any other disorder or disability of the mind.
227 Mental disorder at time of commission of crime
(1) The fact that a person charged with a crime was suffering from a mental disorder or defect when the
person did or omitted to do anything which is an essential element of the crime charged shall be a complete
defence to the charge if the mental disorder or defect made him or her
(a) incapable of appreciating the nature of his or her conduct, or that his or her conduct was unlawful, or
both; or
(b) incapable, notwithstanding that he or she appreciated the nature of his or her conduct, or that his or her
conduct was unlawful, or both, of acting in accordance with such an appreciation.
(2) For the purposes of subsection (1), the cause and duration of the mental disorder or defect shall be
immaterial.
(3) Subsection (1) shall not apply to a mental disorder or defect which is neither permanent nor long-lasting,
suffered by a person as a result of voluntary intoxication as defined in section two hundred and nineteen.
228 Mental disorder at time of trial
The fact that a person is mentally disordered or defective at the time of his or her trial on a criminal charge
shall not be a defence to the charge unless he or she was also mentally disordered or defective at the time he or
she did or omitted to do anything that is an essential element of the crime charged.
229 Application of Cap. 15:12
Nothing in this Part shall affect the operation of the Mental Health Act [Chapter 15:12] (Act No. 15 of 1996)
in relation to
(a) the procedure to be followed when persons being tried are found to be mentally disordered or defective
or any verdict to be returned at any such trial; or
(b) the detention, examination or treatment of persons found to be mentally disordered or defective.
Select target paragraph3
Add to table of contents