top of page
SUBSTANTIAL IMPAIRMENT OF THE MIND
Anchor 1

SUBSTANTIAL IMPAIRMENT OF THE MIND

Section 23A of the Crimes Act 1900 provides a partial defence to murder of substantial impairment by abnormality of mind (which was previously recognised in NSW as diminished responsibility). The section restricts interpretation of the phrase “abnormality of mind” to mean the accused’s capacity to:

  1. understand events, or

  2. judge whether his or her actions were right or wrong, or

  3. control himself or herself.

​​

To prove that you suffered from an abnormality of the mind at the time of the offence, it may be necessary to obtain expert medical evidence of your underlying mental or cognitive condition.

 

As there are varying degrees of impairments affecting thinking and judgment, the defence is not available in discrete or minor situations to reduce the moral culpability of a person who has murdered another. Section 23A(1)(b) expressly requires that the impairment must have been so substantial as to warrant liability for murder being reduced to manslaughter. Self-induced intoxication cannot be taken into account.

 

In order to raise the partial defence of “substantial impairment of the mind” you must demonstrate the following:

1. at the time of the act causing death, your capacity either to:

(i) understand events, or

(ii) judge whether your actions were right or wrong, or

(iii) control yourself,

was substantially impaired by an abnormality of mind arising from an underlying condition, and

2. the impairment was so substantial as to warrant your liability for murder being reduced to manslaughter.

 

If you or someone else you know has been charged with murder and they think they may have the partial defence of substantial impairment of the mind available to them, it is important to obtain legal advice. Should you wish to discuss your options in more detail, please contact KF Lawyers to arrange for a free initial consultation.

  • Facebook
  • LinkedIn

This information is intended to provide a general guide to the law. It should not be relied on as legal advice and it is recommended that you contact KF Lawyers to obtain tailored advice about your particular situation. The information stated is correct as at the date it has been published, and it may be amended from time to time. We disclaim all liability in respect to actions taken or not taken based on any or all the contents of this site to the fullest extent permitted by law. Do not act or refrain from acting upon this information without seeking professional legal counsel.

©2024 by KF LAWYERS AUSTRALIA

PNG-TRANSPARENCY.png

bottom of page