such consent or authority shall be a complete defence to a charge of murder or assault arising out of that treatment or operation if (i) the consent complies with paragraphs (b), (c) and (d) of subsection (1) of section two hundred and forty-five; and (ii) the treatment or operation is carried out competently in accordance with recognised medical procedures; and (iii) in a case where the treatment consists of the administration of any new, untried or experimental drug, medicine or allied substance, such treatment is conducted pursuant to and in accordance with the procedures prescribed for the clinical trial of a medicine under the Part III of the Medicines and Allied Substances Control Act [Chapter 15:03].”. 249 Consent to sporting injuries (1) A person who takes part in any lawful sporting activity shall be deemed to have consented to undergo the risk of sustaining any injury or destruction or loss of property which is normally inherent in participation in such sporting activity. (2) Consent referred to in subsection (1) shall not be a defence to any crime where (a) the accused inflicted the injury, destruction or loss which forms the subject of the charge deliberately and in contravention of the rules of the sporting activity concerned; and (b) the injury, destruction or loss which forms the subject of the charge does not fall within the risks normally inherent in participation in the sporting activity concerned. 250 Consent to injuries from customary or religious practices (1) In this section “slight bodily injury” includes the circumcision of a male person but does not include the practice of genital mutilation of a female person commonly known as “female circumcision”. (2) Consent by a person to slight bodily injury inflicted (a) in accordance with the customs or traditional practices of the community to which the person belongs; and (b) for the purposes of or in accordance with the practice of his or her religion or custom; shall be a complete defence to a charge alleging the commission of a crime constituted by the infliction of such injury. 251 Consent given on behalf of other persons Subject to this Part, where a person is incapable in law of giving consent to anything, whether because of minority, unconsciousness, insanity or otherwise, consent given by the person’s parent, guardian, spouse or any other person capable in law of giving consent on his or her behalf shall be as effective as if the consent had been given by the person himself or herself. PART XIII DEFENCE OF P ERSON 252 Interpretation in Part XIII of Chapter XIV In this section “unlawful attack” means any unlawful conduct which endangers a person’s life, bodily integrity or freedom. 253 Requirements for defence of person to be complete defence (1) Subject to this Part, the fact that a person accused of a crime was defending himself or herself or another person against an unlawful attack when he or she did or omitted to do anything which is an essential element of the crime shall be a complete defence to the charge if (a) when he or she did or omitted to do the thing, the unlawful attack had commenced or was imminent or he or she believed on reasonable grounds that the unlawful attack had commenced or was imminent, and (b) his or her conduct was necessary to avert the unlawful attack and he or she could not otherwise escape from or avert the attack or he or she, believed on reasonable grounds that his or her conduct was necessary to avert the unlawful attack and that he or she could not otherwise escape from or avert the attack, and [Paragraphs (a) and (b) substituted by section 31 of Act 9 of 2006.] (c) the means he or she used to avert the unlawful attack were reasonable in all the circumstances; and (d) any harm or injury caused by his or her conduct (i) was caused to the attacker and not to any innocent third party; and (ii) was not grossly disproportionate to that liable to be caused by the unlawful attack. (2) In determining whether or not the requirements specified in subsection (1) have been satisfied in any case, a court shall take due account of the circumstances in which the accused found himself or herself, including