Practice question · Select all that apply
Which are true of the requirements for exemption on grounds of incapacity?
Hints
- Three describe the provisions accurately; one drops a condition about when the alteration must have begun.
- The perceptual-alteration exemption is tied to birth or childhood.
Show the answer
- B. Article 20.1 requires that the psychic anomaly prevented the person understanding the unlawfulness of the act or acting on that understanding
- C. Someone who becomes intoxicated in order to commit the offence cannot rely on Article 20.2
- D. Article 20.2 requires full intoxication, not merely some degree of it
Why
The fourth drops the temporal condition. Article 20.3 covers alterations in perception from birth or childhood that gravely alter the person's awareness of reality; a perceptual alteration acquired later is dealt with, if at all, under a different heading. The third option is the actio libera in causa qualification, which runs through the whole of this stage.
Practise Justification and Personal Imputation
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