Criminal Law Code as at 1st March 2007
(a) a heart attack or epileptic blackout suffered whilst driving a motor vehicle by a
person who has not previously suffered from one and who has no reason to
suppose that he or she might do so;
(b) a swarm of bees flying into a moving motor vehicle and stinging the driver;
(c) a stone thrown up by a passing vehicle and striking and stunning the driver of a
moving motor vehicle;
the occurrence of which is so unlikely that a reasonable person, if in the position of the
person whose conduct is under consideration, would not take steps to guard against it.
272
Requirements for unavoidable accident to be complete defence
Subject to this section, the fact that a person charged with a crime did or omitted to do
anything that is an essential element of the crime as a result of an unavoidable accident shall be
a complete defence to the charge if⎯
(a) the unavoidable accident did not occur through his or her own fault; and
(b) a reasonable person, faced with the same unavoidable accident in the same
circumstances, would not have been able to avoid the same conduct as would have
constituted the crime.
CHAPTER XV
PERMISSIBLE VERDICTS
273
Persons charged with crime may be found guilty of unfinalised crime or
assisting perpetrator of crime
A person charged with any crime may be found guilty of⎯
(a) threatening, incitement, conspiracy or attempting to commit that crime or any other
crime of which the person might be convicted on the charge; or
(b) assisting a perpetrator of that crime or of any other crime of which the person might be
convicted on the charge;
if such are the facts proved.
274
Conviction for crime other than that charged
Where a person is charged with a crime the essential elements of which include the essential
elements of some other crime, he or she may be found guilty of such other crime, if such are the
facts proved and if it is not proved that he or she committed the crime charged.
275
Verdicts permissible on particular charges
Without limiting section two hundred and seventy-three or two hundred and seventy-four, a
person charged with⎯
(a) a crime specified in the first column of the Fourth Schedule; or
(b) threatening, incitement, conspiracy or attempting to commit such a crime; or
(c) assisting a perpetrator of such a crime;
may be found guilty of⎯
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