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Legislative Assembly for the ACT: 2002 Week 14 Hansard (10 December) . . Page.. 4134 ..

MR STEFANIAK (continuing):

Ms Tucker made a good point in relation to paragraph 28 (1) (b) and the conduct Mr Stanhope was talking about. I think that paragraph could quite easily cover the situation he was referring to. Some of the issues the bill seeks to cover with paragraph 28 (1) (c) would be taken up by paragraph 28 (1) (b) as it has been applied in courts. Ms Tucker could well be right. I do not know that the example the Chief Minister gave was particularly relevant. Nevertheless, he has the numbers. We will see how this goes. I hope we do not have a flurry of spurious insanity defences.

Amendment negatived.

Clause 28 agreed to.

Clauses 29 to 32, by leave, taken together and agreed to.

Clause 33.

MR STANHOPE (Chief Minister, Attorney-General, Minister for Health, Minister for Community Affairs and Minister for Women) (5.12): I move amendment No 6 circulated in my name [see schedule 3 at page 4186].

This amendment will correct an oversight and bring this provision into line with the corresponding model criminal code provisions. It is currently drafted in a way that would prevent a court from considering evidence of intoxication, even if it is involuntary, in determining whether a relevant defence applies. The amendment will make it clear that only evidence of self-induced intoxication is excluded for these purposes.

Amendment agreed to.

Clause 33, as amended, agreed to.

Clauses 34 to 41, by leave, taken together and agreed to.

Clause 42

MR STEFANIAK (5.13): I move amendment No 2 circulated in my name [see schedule 4 at page 4191].

Mr Deputy Speaker in relation to the issue of self-defence, clause 42 (1) provides:

A person is not criminally responsible for an offence if the person carries out the conduct required for the offence in self-defence.

Subclause (2) contains some classics. It states:

A person carries out conduct in self-defence only if-

(a) the person believes the conduct is necessary-

(i) to defend himself or herself or someone else; or

(ii) to prevent or end the unlawful imprisonment of himself or herself or someone else; or

(iii) to protect property from unlawful appropriation, destruction, damage or interference; or

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