TY - JOUR PY - 2016// TI - Challenges to "a most dangerous doctrine" or a "fantastic theory" of volitional insanity JO - Victoria University of Wellington law review A1 - Bastani, Amir A1 - Gavaghan, Colin SP - 545 EP - 583 VL - 47 IS - 4 N2 - 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.

Language: en

LA - en SN - 1171-042X UR - http://dx.doi.org/ ID - ref1 ER -