Criminal Responsibility in Australian Law

What are the two main elements considered by Australian courts when determining criminal responsibility?

The Actus Reus (the criminal act) and the Mens Rea (the state of mind).

What role does a forensic psychologist play in determining criminal responsibility?

They assess whether the person had mental intention at the time of the crime.

What is Automatism in the context of criminal responsibility?

It refers to committing a crime without awareness, such as sleepwalking, amnesia, or due to a medical condition like an epileptic seizure.

What does Diminished Responsibility refer to?

It assesses whether the individual had any mental impairment at the time of the crime, such as mental illness or intellectual disability.

Under what condition can Diminished Responsibility lead to a lesser charge?

It can lead to a lesser charge of manslaughter in cases of murder.

What must the police establish regarding a defendant's understanding in Diminished Responsibility cases?

They must establish if the defendant understood their actions and the consequences, distinguishing right from wrong.

What happens if an individual is found Not Guilty due to mental impairment?

They may be ordered to serve time in a psychiatric hospital or given conditions upon release, such as therapy with a forensic psychologist.

At what age does legal responsibility begin in Australia?

Legal responsibility begins after the age of 10.

What does doli incapax mean in relation to individuals aged 10-14?

It means the prosecution must prove that the individual can distinguish between right and wrong.