VI.   Homo Sapien Life

Culpability of an Elder is the degree of blame and liability by which an Elder or others may be held to account in the alleged commission of any offense by an Elder.

An Elder is fully responsible for their actions, regardless of temporary or permanent states of mental health and is therefore subject to full criminal culpability unless it can be proven:

(i) The Elder has been diagnosed with a pre-existing severe mental illness and the Elder did not contribute in anyway to aggravating or encouraging the illness through drug taking or failure to take prescribed therapies as required; or

(ii) The Elder was not aware the act committed was an offence, did not have first hand access to information that would readily have given notice of the act being an offence and had no intention of committing an offence.