NCJ Number
151725
Journal
Australian Journal of Forensic Sciences Volume: 26 Issue: 1 Dated: (January-June 1994) Pages: 25-27
Date Published
1994
Length
3 pages
Annotation
This paper analyzes the role of defenses of insanity, automatism, diminished responsibility, and other mental illnesses in Australia.
Abstract
The insanity defense was extremely important in the country's early days; its elements were formally established in 1843. In New South Wales, inmates not guilty by reason of insanity were known as Governor's Pleasure (G.P.) prisoners. Changing the term from insanity to mental illness did not improve the conditions of these inmates. G.P.'s were usually confined in prisons, where they stayed for long periods and lacked the usual inmate privileges. As a result, attorneys were reluctant to raise the defense of mental illness. The defense of automatism arose as a way to secure an acquittal without the strict custody following acquittal on the ground of mental illness. However, successful defenses of automatism are rare. What is more likely is for murder charges to be reduced by the jury to manslaughter on the ground of diminished responsibility under S.23A of the Crimes Act. The new mental health laws of 1990 amended previous laws and include some provisions that are difficult for judges to explain to juries. In addition, mentally ill prisoners can be kept in prisons rather than hospitals. Finally, mere drunkenness will not a support a defense of diminished responsibility, although a defense may exist if the person is so intoxicated that the will to control actions is absent. 4 references