The mental impairment defence in Victoria

Mental impairment as a defence can be used when the person accused of a crime either didn’t understand what they were doing, or didn’t know what they were doing was wrong. This defence is exclusively used in Australia in cases involving a person suffering from schizophrenia, and is used in about one per cent of higher court cases.

There is a special section of the Crimes Act 1997 that deals with mental impairment and unfitness to be tried. The defence must prove that this is the case,  and ‘The standard upon which the defence must prove mental impairment is ‘on the balance of probabilities’. 

Write your own story. Call Vanessa Ash and Associates today.

You might also need:

  1. The defensive homicide defence in Victoria
  2. Winning impossible cases in Victoria
  3. The ins and outs of legal defence in Victoria
  4. The right to be presumed innocent in Victoria
  5. Mental Illness and Impairment Defences in Victoria
  6. Your rights when it comes to your mental health in Victoria
  7. Your rights under compulsory mental health treatment orders in Victoria