Chapter heading 1

Part 5: Defences (Chapter 19; R 75)

Because of our recommendations about the duties of care, the place of reasonable practicability, etc, in qualifying the duties and the onus of proof in prosecutions, we have not recommended that the model Act expressly provide for defences.

Second Report

As we note in the preface, many provisions of the model Act are complementary or inter-connected, so that the overall balance of our recommendations will not be clear until our second report is submitted at the end of January 2009. At that time our recommendations should be considered as the basis for an integrated and complete model Act.

Table of Recommendations

Recommendations