Court, page-2

SorryI omitted this one:

paragraph 23CD(2)(b)of the Act, the accused must:

FEDERAL COURT OFAUSTRALIA ACT 1976 - SECT 23CD

(2) Theaccused must give the following to the prosecutor as soon aspracticable after the accused's first pre-trial hearing before theCourt in relation to the indictment:

(b) if atthe trial the accused proposes to adduce supporting evidence that theaccused was suffering from a mental impairment (within the meaning ofsection 7.3 of the Criminal Code )--notice of particulars, preparedin accordance with the Rules of Court, of that impairment.

7.3 Mental impairment

(1) A person is not criminally responsible for an offence if, atthe time of carrying out the conduct constituting the offence, theperson was suffering from a mental impairment that had the effectthat:

1. (a) the person did not know the nature and quality of the conduct; or

2. (b) the person did not know that the conduct was wrong (that is, the person could not reason with a moderate degree of sense and composure about whether the conduct, as perceived by reasonable people, was wrong); or

3. (c) the person was unable to control the conduct.

(2) The question whether the person was suffering from a mentalimpairment is one of fact.

(3) A person is presumed not to have been suffering from such amental impairment. The presumption is only displaced if it is provedon the balance of probabilities (by the prosecution or the defence)that the person was suffering from such a mental impairment.

(4) The prosecution can only rely on this section if the courtgives leave.

(5) The tribunal of fact must return a special verdict that aperson is not guilty of an offence because of mental impairment ifand only if it is satisfied that the person is not criminallyresponsible for the offence only because of a mental impairment.

(6) A person cannot rely on a mental impairment to denyvoluntariness or the existence of a fault element but may rely on this section to deny criminal responsibility.

(7) If the tribunal of fact is satisfied that a person carried outconduct as a result of a delusion caused by a mental impairment, thedelusion cannot otherwise be relied on as a defence.

(8) In this section: mental impairment includes senility,intellectual disability, mental illness, brain damage and severepersonality disorder.

(9) The reference in subsection (8) to mental illness isa reference to an underlying pathological infirmity of the mind,whether of long or short duration and whether permanent ortemporary, but does not include a condition that results from thereaction of a healthy mind to extraordinary external stimuli.However, such a condition may be evidence of a mental illness if itinvolves some abnormality and is prone to recur.