Citation

Bastani A, Gavaghan C. Vic. Univ. Welling. Law Review 2016; 47(4): 545-583.

Copyright

(Copyright © 2016, Victoria University of Wellington Law Faculty)

DOI

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PMID

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Abstract

In theory, an insanity defence can take two forms: the cognitive form (C-insanity) and the volitional form (V-insanity). The defence of C-insanity recognises that a disordered state of mind can make the ability to understand the nature of an action impossible. On the other hand, V-insanity is recognised in some common law jurisdictions, such as all jurisdictions in Australia except for Victoria and New South Wales, and is a full defence. It recognises that a disordered state of mind can make the exercise of self-control impossible. However, that disordered state of mind does not necessarily affect the understanding of the nature of the act impossible.

Language: en