s. s. 20 19A (3) If the Court of Appeal declares a person liable to S. 19A(3) supervision, the Court of Appeal may— amended by No. 68/2009 (a) remit the matter, with or without directions, s. 97(Sch. item 39.16(b)). to the court that made the order for unconditional release; or (b) make a supervision order in respect of the S. 19A(3)(b) amended by person. No. 68/2009 s. 97(Sch. item 39.16(b)). (4) If the Court of Appeal remits a matter to a court S. 19A(4) amended by under subsection (3)(a), that court must make a No. 68/2009 supervision order in respect of the person in s. 97(Sch. item 39.16(b)). accordance with this Act and any directions given by the Court of Appeal. (5) The Court of Appeal may make any order that the S. 19A(5) amended by judge could have made under section 19 pending No. 68/2009 the making of a supervision order in respect of the s. 97(Sch. item 39.16(b)). person. _______________ 20 Defence of mental impairment (1) The defence of mental impairment is established for a person charged with an offence if, at the time of engaging in conduct constituting the offence, the person was suffering from a mental impairment that had the effect that— (a) he or she did not know the nature and quality of the conduct; or (b) he or she did not know that the conduct was wrong (that is, he or she could not reason with a moderate degree of sense and composure about whether the conduct, as perceived by reasonable people, was wrong).
S. 19A(3) amended by No. 68/2009 s. 97(Sch. item 39.16(b)). (3) If the Court of Appeal declares a person liable to supervision, the Court of Appeal may— (a) remit the matter, with or without directions, to the court that made the order for unconditional release; or S. 19A(3)(b) amended by No. 68/2009 s. 97(Sch. item 39.16(b)). (b) make a supervision order in respect of the person. S. 19A(4) amended by No. 68/2009 s. 97(Sch. item 39.16(b)). (4) If the Court of Appeal remits a matter to a court under subsection (3)(a), that court must make a supervision order in respect of the person in accordance with this Act and any directions given by the Court of Appeal. S. 19A(5) amended by No. 68/2009 s. 97(Sch. item 39.16(b)). (5) The Court of Appeal may make any order that the judge could have made under section 19 pending the making of a supervision order in respect of the person. s. 19A _______________ 20 Defence of mental impairment s. 20 (1) The defence of mental impairment is established for a person charged with an offence if, at the time of engaging in conduct constituting the offence, the person was suffering from a mental impairment that had the effect that— (a) he or she did not know the nature and quality of the conduct; or (b) he or she did not know that the conduct was wrong (that is, he or she could not reason with a moderate degree of sense and composure about whether the conduct, as perceived by reasonable people, was wrong).
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