A person does not commit an offence in terms of these regulations if—
| (a) |
a physical element of the offence exists (whether directly or indirectly) because the master engaged in conduct in the operation or control of the ship; and |
| (b) |
without the existence of that physical element the person would not commit the offence; and |
| (c) |
the master engaged in the conduct to protect the safety or security of— |
| (iii) |
a person (whether on board the ship or not); |
| (v) |
a port, or a port facility or other installation within a port; and |
| (d) |
the conduct was reasonable in the circumstances. |
Superior Courts Act, 2013
