Criminal Law Code as at 1st March 2007 the accused shall not be entitled to a partial defence in terms of subsection (1) but the court may regard the provocation as mitigatory as provided in section two hundred and thirty-eight. Division C: Defences and Mitigating Factors Relating to Unlawfulness PART X AUTHORITY 240 Public authority (1) Subject to this section, the fact that a person is authorised or permitted by an enactment to do or omit to do any thing shall be a complete defence to a charge alleging the commission of a crime of which that conduct is an essential element. (2) Subject to this section, the fact that a person did or omitted to do any thing as a duly authorised official, employee or agent of the State and in the proper exercise of that authority shall be a complete defence to a charge alleging the commission of a crime of which that conduct is an essential element. (3) A person shall not be entitled to rely on the defence referred to in⎯ (a) subsection (1), unless his or her conduct was in all respects authorised or permitted by the enactment concerned; (b) subsection (2), unless it was lawful for the State to give the authority concerned. 241 Discipline of children (1) In this section⎯ “guardian” means a person, other than a school teacher in his or her capacity as such, who has the lawful custody, charge or care of a minor person, whether permanently or temporarily; “minor”, in relation to a person, means that the person is under the age of eighteen years; “school” includes an educational institution of any kind; “school-teacher” means the head or deputy head of a school. (2) Subject to this section⎯ (a) a parent or guardian shall have authority to administer moderate corporal punishment for disciplinary purposes upon his or her minor child or ward; (b) a school-teacher shall have authority to administer moderate corporal punishment for disciplinary purposes upon any minor male pupil or student; and, where moderate corporal punishment is administered upon a minor person by a parent, guardian or school-teacher within the scope of that authority, the authority shall be a complete defence to a criminal charge alleging the commission of a crime of which the administration of the punishment is an essential element. (3) Subject to this section, any person who administers moderate corporal punishment upon a minor person under authority delegated to him or her by a parent, guardian or school-teacher shall have a complete defence to a criminal charge alleging the commission of a crime of which - 126 -