Criminal Law Code as at 1st March 2007 crime shall not be a complete defence to the charge unless the following requirements are satisfied in addition to those specified in paragraphs (a) and (b) of section two hundred and sixty-eight⎯ (a) when he or she did or omitted to do the thing he or she was a member of a disciplined force engaged on active operations; and (b) he or she would have been liable, or believed on reasonable grounds that he or she would have been liable, to disciplinary action if he or she had refused to obey the order; and (c) the order was not so manifestly illegal that a reasonable person in his or her position would have refused to obey it; and (d) his or her conduct was no more than was necessary to carry out the order. (2) If the requirements specified in subsection (1) are satisfied, a person shall be entitled to a complete defence to a charge even if he or she realised that the order concerned was illegal. PART XIX TRIVIALITIES 270 Person charged with trivial crime entitled to acquittal (1) Subject to this section, a person charged with a crime shall be entitled to be acquitted of the charge if the conduct constituting the crime is of a trivial nature. (2) In deciding whether a crime is of a sufficiently trivial nature to justify the acquittal of the person charged in terms of subsection (1), a court shall take into account the following factors in addition to any others that are relevant to the particular case⎯ (a) the extent of any harm done by the commission of the crime to any person or to the community as a whole; and (b) the extent to which it appears, from the enactment which created the crime, that the lawmaker wished to prohibit conduct such as that perpetrated by the accused; and (c) whether or not an acquittal will encourage other persons to commit the crime concerned. (3) Where a crime is by its nature trivial, that is, where the conduct prohibited by the enactment concerned does little harm either to individual persons or to the community as a whole, a court shall not acquit a person charged with such a crime in terms of this section unless the conduct of the person charged is of a trivial nature in relation to the most serious conduct prohibited by the particular provision of the enactment concerned. PART XX UNAVOIDABLE ACCIDENT 271 Interpretation in Part XX of Chapter XIV In this Part⎯ “unavoidable accident” means a circumstance or event such as⎯ - 137 -