Week 6. Insanity s26 and s27 Code. Falconer. Mary Falconer convicted of wilful murder of her husband in the Supreme Court of WA Evidence from two psychiatrists called to establish non-insane automatism excluded Appeal to CCA allowed and retrial ordered
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s26 and s27 Code
Mary Falconer convicted of wilful murder of her husband in the Supreme Court of WA
Evidence from two psychiatrists called to establish non-insane automatism excluded
Appeal to CCA allowed and retrial ordered
Special leave to High Ct sought against the Court order quashing conviction and ordering a new trial
Leave granted, appeal dismissed and order of CCA affirmed.
‘the accused must prove that they were labouring under such a defect of reason, from disease of the mind,
1. As not to know the nature and quality of the act [they] were doing
2. Or if they did know it,
3. That [they] did not know [what they] were doing was wrong.’
not criminally responsible …. the act or making the omission … mental disease or natural mental infirmity ... deprive the person of capacity
to understand what the person is doing, or ….
to control their actions or
know that they ought not to do what they are doing
Foy’s Case: Philp,J
Wide definition - includes 244 ‘any disorder or derangement of the understanding - any destruction of the will’ or
‘an abnormal mental state, no matter how caused or how transient’
See also Bratty v Attorney-General (Northern Ireland)  AC 386
Lord Denning ‘any mental disorder which has manifested itself in violence and is prone to recur is a disease of the mind.’