ADMJ 103 Lecture Notes - Lecture 16: Intellectual Disability, Mens Rea, Mental Disorder
Document Summary
R v rapira [2003] 3 nzlr 994 prosecutions arising from the killing of pizza delivery man, michael choy. Ca observed that evidence relied on to establish knowledge of wrongfulness under s22 must go beyond mere evidence that d did acts forming the offence. Mere proof of participation in the offence cannot give rise to an inference that d knew of its wrongfulness. Evidence of running away usually equivocal because it may only show awareness the conduct was naughty . An example of legal incapacity ie criminal responsibility denied because d lacks capacity to be held responsible for crime. Ie intent may be present but lacking rationality. Insanity a legal term of art not a psychiatric diagnosis. Distinguish insanity" from other threshold mental state concepts. Burden on the defendant to prove insanity need to produce evidence. Insanity a legal concept with significant psychiatric input.
