Criminal Law Code as at 1st March 2007 (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 PROOF 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 CRIMES AGAINST THE STATE 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⎯ - 24 -