Title: Amphetamine-Induced Psychosis and Defences to Murder<i>R v Clough</i>[2010] QCA 120 (Muir and Fraser JJA and Applegarth J)
Abstract:The Criminal Codes in Queensland and Western Australia both require a two-stage test to be satisfied for an accused person to avail of an insanity defence. As also occurs in most other jurisdictions, ...The Criminal Codes in Queensland and Western Australia both require a two-stage test to be satisfied for an accused person to avail of an insanity defence. As also occurs in most other jurisdictions, the insanity defence does not apply in cases where the accused was intentionally intoxicated. In R v Clough [2010] QCA 120 the Queensland Court of Appeal dismissed an appeal from a conviction in which the accused murdered his wife whilst was he was actively psychotic following intentional amphetamine use more than 24 hours earlier. After considering extensive case authority and the construction of the amended Criminal Code provisions relating to intoxication, the Court of Appeal emphasised that any effect of intentional intoxication, whether transient or more prolonged, will deny an accused an unsoundness of mind defence. This case commentary considers the pharmacology of amphetamines and the often difficult distinction between amphetamine intoxication and amphetamine-induced psychosis is discussed.Read More
Publication Year: 2012
Publication Date: 2012-11-01
Language: en
Type: article
Indexed In: ['crossref']
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Cited By Count: 4
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