for the purpose of determining whether the accused realised that there was a real risk or possibility that the consequence might ensue; or (b) a crime that is constituted not only by the conduct of the person accused of committing it but also by the existence or absence of any circumstance in which such conduct occurred, in which event the test is applicable for the purpose of determining whether the accused realised that there was a real risk or possibility that the circumstance existed or was absent. (5) Where in any enactment creating a crime no expression specifying a state of mind is used with respect to the commission of that crime, section thirteen or fourteen, as may be appropriate to the crime in question, and (subject to subsection (3) of this section) section fifteen shall apply to the determination of the state of mind of the person accused of that crime, unless (a) the enactment expressly provides that the crime is a strict liability crime; or (b) the legislature impliedly intended it to be a strict liability crime because (i) the requirement of proving a mental element would render the detection or prosecution of the crime impossible or practically impossible; or (ii) the object of the enactment would be defeated if proof of a mental element is required to establish liability for the crime: Provided that, notwithstanding subparagraph (i) or (ii), a court shall not hold that the legislature impliedly intended a crime to be a strict liability crime if the penalty for it is mandatory imprisonment or imprisonment without the option of a fine. PART IV P ROOF OF CRIMINAL LIABILITY 18 Degree and burden of proof in criminal cases (1) Subject to subsection (2), no person shall be held to be guilty of a crime in terms of this Code or any other enactment unless each essential element of the crime is proved beyond a reasonable doubt. (2) Subsection (1) shall not prevent any enactment from imposing upon a person charged with a crime the burden of proving any particular fact or circumstance. (3) Where this Code or any other enactment imposes upon a person charged with a crime the burden of proving any particular fact or circumstance, the person may discharge the burden by proving that fact or circumstance on a balance of probabilities. (4) Except where this Code or any other enactment expressly imposes the burden of proof of any particular fact or circumstance upon a person charged with a crime, once there is some evidence before the court which raises a defence to the charge, whether or not the evidence has been introduced by the accused, the burden shall rest upon the prosecution to prove beyond a reasonable doubt that the defence does not apply: Provided that where an accused pleads that, at the time of the commission of a crime, he or she was suffering from a mental disorder or defect as defined in section two hundred and twenty-six, or a partial mental disorder or defect as defined in section two hundred and seventeen, or acute mental or emotional stress, the burden shall rest upon the accused to prove, on a balance of probabilities, that he or she was suffering from such mental disorder or defect or acute mental or emotional stress. CHAPTER III C RIMES AGAINST THE S TATE 19 Interpretation in Chapter III In this Chapter— “act of insurgency, banditry, sabotage or terrorism” means any act referred to in subparagraph (i), (ii), (iii), (iv) or (v) of subsection (1) of section twenty-three that is undertaken for a purpose referred to in paragraph (a), (b) or (c) of that subsection; “bomb” means (a) any device consisting of or carrying an explosive charge or fused to detonate upon impact or percussion or through a timing contrivance or by an electrical or electronic device; or (b) any other device capable of causing an explosion; “essential service” means— (a) any service relating to the generation, supply or distribution of electricity; or (b) any fire brigade or fire service; or (c) any health, hospital or ambulance service; or (d) any service relating to the production, supply, delivery or distribution of fuel; or (e) any service relating to the supply or distribution of water; or (f) any communications service; or