Citation

Samuels A, O'driscoll C, Allnutt S. Australas. Psychiatry 2007; 15(6): 474-479.

Affiliation

Director of Training, Justice Health, NSW, Australia. jenant@bigpond.net.au

Copyright

(Copyright © 2007, Royal Australian and New Zealand College of Psychiatrists, Publisher SAGE Publishing)

DOI

10.1080/10398560701616239

PMID

17999258

Abstract

OBJECTIVE: This paper describes psychiatric and psychological defences to murder where the defence of insanity is not applicable. The charges of murder and manslaughter are outlined. Self-defence, sane and insane automatism, provocation, diminished responsibility, duress, necessity and novel defences are discussed. CONCLUSIONS: The complexities of psychological and psychiatric expert evidence are highlighted as well as the fact that legal decisions are not always consistent with medical or scientific theory. It is concluded that this is a controversial and evolving area of mental health law and mental health professionals have an educative role and a responsibility to provide testimony that is supported by the best possible evidence.

Language: en