THE PALESTINE 978 Mistake of fact. GAZETTE 28th September, 1936 12. —(1) A person who does or omits to do an act under an honest and reasonable, but mistaken, belief i n the existence of any state of things is not criminally responsible for the act or omission to any greater extent than if the real state of things had been such as he believed to exist. (2) The operation of this rule may be excluded by the express or implied provisions of the law relating to the subject. Presumption of sanity. 13. E v e r y person is presumed to be of sound m i n d , and to have been of sound mind at any time which comes i n question, until the contrary is proved. Insanity. 14. A person is not criminally responsible for an act or omission if at the time of doing the act or making the omission he is through any disease affecting his mind incapable of understanding what he is doing, or of knowing that he ought not to do the act or make the omission. B u t a person may be criminally responsible for an act or omission, although his m i n d is affected by disease, i f such disease does not i n fact produce upon his m i n d one or other of the effects above mentioned i n reference to that act or omission. Intoxication. 15.—(1) Save as provided i n this section, intoxication shall not constitute a defence to any criminal charge. (2) Intoxication shall be a defence to any criminal charge if by reason thereof the person charged at the time of the act or omission complained of did not know that such act or omission was wrong or did not know what he was doing and :— ( a ) the state of intoxication was caused without his consent by the malicious or negligent act of another person ; or ( b ) the person charged was by reason of intoxication insane, temporarily or otherwise, at the time of such act or omission. (3) W h e r e the defence under the preceding sub-section is established, then i n a case falling under paragraph (a) thereof the accused person shall be discharged, and i n a case falling under paragraph (b) the provisions of section 14 of this Code shall apply. (4) Intoxication shall be taken into account for the purpose of determining whether the person charged had formed any i n tention, specific or otherwise, i n the absence of w h i c h he would not be guilty of the offence. (5) F o r the purposes of this section "intoxication* shall be deemed to include a state produced by narcotics or drugs. Protection of judicial officers. Constraint. 16. E x c e p t as expressly provided by this Code, a judicial officer is not criminally responsible for anything done or omitted to be done by h i m i n the exercise of his judicial functions, although the act done is in excess of his judicial authority or although he is bound to do the act omitted to be done. 17. E x c e p t murder and offences against the state punishable with death, no act is an offence which is done by a person who is compelled to do it by threats which at the time of doing it reasonably cause the apprehension that instant death or grievous harm to that person w i l l otherwise be the •consequence: Provided that the person doing the act did not, of his own accord, place.himself i n the situation by which he became subject to such constraint.