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dc.contributor.authorMullins, Gemma
dc.date.accessioned2017-11-23T01:03:10Z
dc.date.available2017-11-23T01:03:10Z
dc.date.issued2017
dc.identifier.urihttp://hdl.handle.net/20.500.11937/57626
dc.identifier.doi10.4225/06/59758fe8d0b8d
dc.description.abstract

In State of Western Australia v Herbert [2017] WASC 101, the question whether s 28(2) of the Criminal Code (WA) (‘Code’) disentitles a concurrently insane and intoxicated accused from availing himself of the insanity defence arose for the first time in this jurisdiction. Critically, the current interpretation of the interaction between the insanity and intoxication defences in ss 27-28 of the Code disentitles an intoxicated accused from availing himself of the insanity defence irrespective of whether his intoxication had any connection to his loss of capacity. This thesis analyses the interaction between the insanity and intoxication defences and suggests how those sections should be interpreted and operate. To that end, it seeks to address how the law should respond to cases such as Herbert where there is an operative mental impairment in circumstances where the accused is also intoxicated, in particular, in circumstances where intoxication is not necessarily connected to a loss of capacity.

en_US
dc.publisherCurtin Universityen_US
dc.titleDrunk and Delirious Defences: Intoxication and Insanity in the Criminal Code (WA)en_US
dc.typeStudent Worken_US
curtin.departmentCurtin Law Schoolen_US
curtin.accessStatusOpen accessen_US
curtin.facultyCurtin Business Schoolen_US


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