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Report No. 42 General Exceptions 10. Would you allow mistake of law to be pleaded either as a defence or as a mitigating circumstance, for offences constituted by contravention of subordinate legislation, such as, statutory rules, bye-laws, orders and the like? 11. Do you consider that any increase is necessary in the minimum age of criminal responsibility which is 7 years at present (section 82)? If so, what should it be? 12. (a) Should the existing provision (section 84) relating to the defence of insanity be modified or expanded in any way? (b) Should the test be related to the offender's incapacity to know that the act is wrong or to his incapacity to know that it is punishable? (c) Should the defence of insanity be available in cases where the offender, although aware of the wrongful, or even criminal, nature of his act, is unable to desist from doing it because of his mental condition? 13. There is at present no right of private defence in cases in which there is time to have recourse to the protection of public authorities (section 99). Do you think that this restriction is necessary or that it should be removed or that it should be modified? 14. In regard to entrapment cases where the law enforcement officers or their agents directly instigate the commission of an offence, as distinct from those cases where they merely provide the opportunity for the commission of the offence, would you say.- (a) that the procedure adopted is so unfair and unethical that the accused should be deemed not to have committed any offence, or (b) that, at any rate, a lesser sentence should be provided in the Code?    |
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