Criminal Law Code as at 1st March 2007 DIVISION A: DEFENCE RELATING TO VOLUNTARY CONDUCT PART II AUTOMATISM 216 Involuntary conduct (1) Subject to subsection (3), the fact that the conduct of a person charged with a crime was not voluntary as required by paragraph (c) of section nine, that is, that the person did or omitted to do anything that is an essential element of the crime without conscious knowledge or control, shall be a complete defence to the charge. (2) Without derogating from the generality of the meaning of “voluntary conduct”, the following do not constitute voluntary conduct⎯ (a) a reflex movement, spasm or convulsion; (b) a bodily movement during unconsciousness or sleep; (c) conduct during hypnosis, or which results from hypnotic suggestion; (d) conduct over which a person has no control, his or her body or part of his or her body being merely an instrument in the hands of a human or natural agency outside him or her; and the expression “involuntary conduct” shall be construed accordingly. (3) If a situation in which a person’s conduct is involuntary is brought about through the person’s own fault, a court may regard the conduct as voluntary. (4) If it is found that the conduct of a person upon which he or she is charged with a crime was involuntary, and that such involuntary conduct was the result of a mental disorder or defect as defined in section two hundred and twenty-six, a court shall return a special verdict in terms of section 29 of the Mental Health Act [Chapter 15:12] (Act No. 15 of 1996). Division B: Defences and Mitigating Factors Relating to the Mental State PART III DIMINISHED RESPONSIBILITY 217 Interpretation in Part III of Chapter XIV In this Part⎯ “partial mental disorder or defect” means a mental disorder or defect as defined in section two hundred and twenty-six, the effect of which is not such as to entirely deprive the person suffering from it of the capacity to appreciate the nature or lawfulness of his or her conduct or to act in accordance with such an appreciation. 218 Diminished responsibility to operate in mitigation not as defence (1) If at the time when a crime is committed the capacity of the person committing it⎯ (a) to appreciate the nature of his or her conduct or that his or her conduct was unlawful; or - 119 -