Crimes Mental Impairment consultation paper.pdf - Victorian Law ...

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B South Australia Criminal Law Consolidation Act 1935 (SA) ‘mental impairment’ s 269A – mental illness means a pathological infirmity of the mind (including a temporary one of short duration) and includes a mental illness, an intellectual disability or a disability or impairment of the mind resulting from senility but does not include intoxication. s 269C – A person is mentally incompetent to commit an offence if, at the time of the conduct alleged to give rise to the offence, the person is suffering from a mental impairment and, in consequence of the mental impairment— (a) does not know the nature and quality of the conduct; or (b) does not know that the conduct is wrong; or (c) is unable to control the conduct. Western Australia Criminal Code Act Compilation Act 1913 (WA) ‘mental impairment’ s 1(1) – The term mental impairment means intellectual disability, mental illness, brain damage or senility s 27(1) – A person is not criminally responsible for an act or omission on account of unsoundness of mind if at the time of doing the act or making the omission he is in such a state of mental impairment as to deprive him of capacity to understand what he is doing, or of capacity to control his actions, or of capacity to know that he ought not to do the act or make the omission. s 27(2) – A person whose mind, at the time of his doing or omitting to do an act, is affected by delusions on some specific matter or matters, but who is not otherwise entitled to the benefit of subsection (1), is criminally responsible for the act or omission to the same extent as if the real state of things had been such as he was induced by the delusions to believe to exist. 217
Victorian Law Reform Commission Review of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997: Consultation Paper 218 Jurisdiction Legislation Definition s 27(1) – mental impairment includes senility, intellectual disability, mental illness, brain damage and severe personality disorder. Criminal Code 2002 (ACT) Australian Capital Territory s 27(2) – mental illness is an underlying pathological infirmity of the mind, whether of long or short duration and whether permanent or temporary, but does not include a condition (a reactive condition) resulting from the reaction of a healthy mind to extraordinary external stimuli. s 28(1) – A person is not criminally responsible for an offence if, when carrying out the conduct required for the offence, the person was suffering from a mental impairment that had the effect that— (a) the person did not know the nature and quality of the conduct; or (b) the person did not know that the conduct was wrong; or (c) the person could not control the conduct. s 28(2) – a person does not know that conduct is wrong if the person cannot reason with a moderate degree of sense and composure about whether the conduct, as seen by a reasonable person, is wrong. s 43A – ‘mental illness’ means an underlying pathological infirmity of the mind, whether of long or short duration and whether permanent or temporary, but does not include a condition that results from the reaction of a healthy mind to extraordinary stimuli (although such a condition may be evidence of a mental illness if it involves some abnormality and is prone to recur). Northern Territory Criminal Code 1983 (NT) ‘mental impairment’ includes senility, intellectual disability, mental illness, brain damage and involuntary intoxication. s 43C(1) – The defence of mental impairment is established if the court finds that a person charged with an offence was, at the time of carrying out the conduct constituting the offence, suffering from a mental impairment and as a consequence of that impairment: (a) he or she did not know the nature and quality of the conduct; (b) he or she did not know that the conduct was wrong (that is he or she could not reason with a moderate degree of sense and composure about whether the conduct, as perceived by reasonable people, was wrong); or (c) he or she was not able to control his or her actions.
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Review of the Crimes (Mental Impair
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2 The CMIA: background and principl
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2 criminal law, 44 and is also reco
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