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Section 28: Legal Defence of Mental Health Impairment or Cognitive Impairment

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The defence of mental illness has been around for a long time.

Historically, the 1843 case of M’Naghten established that ‘a defect of reason, from disease of the mind’, to the extent where one does not know what they are doing or does not know what is wrong, is a full defence to a criminal offence, including the crime of murder.

Fast-forward today, and on 27 March 2021, the law relating to the ‘mental illness defence’ is contained in the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.

The Act makes clear that the defence of mental illness – now known as the defence of mental health impairment or cognitive impairment – is a complete defence to criminal charges, which means a person must be found not guilty if the defence is established.

If you believe you or a loved-one may have been suffering from a mental health impairment or cognitive impairment at the time of the alleged offence, it is important to obtain specialist advice and representation from a law firm that is experienced in these types of cases.

Sydney Criminal Lawyers is vastly experienced in successfully defending cases on grounds of mental health, from cases involving serious injury to the person all the way up to murder and manslaughter charges.

So call our specialist criminal defence team today on (02) 9261 8881 and let us fight for the optimal outcome.

The Old Law

The New Law

What is a mental health impairment?

What is a cognitive impairment?

What does it all mean?

What happens if a person is found not guilty by reason of mental health impairment or cognitive impairment?

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