Challenges To 'A Most Dangerous Doctrine' or a 'Fantastic Theory' of Volitional Insanity
Gavaghan, Colin; Bastani, Amir
Cite this item:
C Gavaghan and A Bastani, “Challenges to "a Most Dangerous Doctrine" or a "Fantastic Theory" of Volitional Insanity” VUW Law Review (2016); 47(4).
Permanent link to OUR Archive version:
http://hdl.handle.net/10523/9076
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.
Date:
2016
Publisher:
Victoria University of Wellington Law School
Keywords:
Insanity; Mental capacity; Criminal law; Defences; Common law
Research Type:
Journal Article
Languages:
English
Collections
- Journal Article [764]
- Law Collection [496]