322R Sudden or extraordinary emergency S. 322R inserted by (1) A person is not guilty of an offence in respect of No. 63/2014 conduct that is carried out in circumstances of s. 4. sudden or extraordinary emergency. (2) This section applies if— (a) the person reasonably believes that— (i) circumstances of sudden or extraordinary emergency exist; and (ii) the conduct is the only reasonable way to deal with the emergency; and (b) the conduct is a reasonable response to the emergency. (3) This section only applies in the case of murder if the person believes that the emergency involves a risk of death or really serious injury. 322S Abolition of necessity at common law S. 322S inserted by No. 63/2014 The defence at common law of necessity is s. 4. abolished. Division 5—Intoxication 322T Intoxication S. 322T inserted by (1) In this section— No. 63/2014 s. 4. includes self-defence, duress and sudden defence or extraordinary emergency; means intoxication because of the intoxication influence of alcohol, a drug or any other substance. (2) If any part of a defence to an offence relies on reasonable belief, in determining whether that reasonable belief existed, regard must be had to the standard of a reasonable person who is not intoxicated.
S. 322R inserted by No. 63/2014 s. 4. 322R Sudden or extraordinary emergency (1) A person is not guilty of an offence in respect of conduct that is carried out in circumstances of sudden or extraordinary emergency. (2) This section applies if— (a) the person reasonably believes that— (i) circumstances of sudden or extraordinary emergency exist; and (ii) the conduct is the only reasonable way to deal with the emergency; and (b) the conduct is a reasonable response to the emergency. (3) This section only applies in the case of murder if the person believes that the emergency involves a risk of death or really serious injury. S. 322S inserted by No. 63/2014 s. 4. 322S Abolition of necessity at common law The defence at common law of necessity is abolished. Division 5—Intoxication S. 322T inserted by No. 63/2014 s. 4. 322T Intoxication (1) In this section— defence includes self-defence, duress and sudden or extraordinary emergency; intoxication means intoxication because of the influence of alcohol, a drug or any other substance. (2) If any part of a defence to an offence relies on reasonable belief, in determining whether that reasonable belief existed, regard must be had to the standard of a reasonable person who is not intoxicated.
58-6231a261.docx