Are sleepwalkers insane?

About the webinar

SUBSTANTIVE LAW

CPD Points: 1.5

This webinar analyses the reasoning of the NSW Court of Criminal Appeal (NSWCCA) in R v DB (2022) 108 NSWLR 51 as to whether the condition of ‘sexsomnia’, which caused the respondent to twice sexually touch his daughter, was a ‘mental health impairment’ within the meaning of s 4 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW). The trial judge answered that question in the negative and granted DB an unqualified verdict of acquittal. The NSWCCA majority upheld that decision. However, Wilson J dissented and found that ‘sexsomnia’ was a ‘mental health impairment’. Her Honour stated that ‘[t]he statutory definition of mental health impairment is not the same as the common law concept of insanity or mental illness, and there is no basis to read the latter into the former.’

As well as discussing the statutory position, the webinar examines the common law position regarding those who perform otherwise criminal conduct while asleep. Consideration is also given to how the law should treat people who act as DB did.

Presenter: Dr Andrew Dyer

CPD accreditation

Information for lawyers and barristers

If this educational activity is relevant to your professional development and practice of the law, then you should claim 1.5 MCLE/CPD points per webinar or 12 units for the full series. Practitioners are advised to check with the CPD governing body in their jurisdiction for the most accurate and up-to-date information. Find out about interstate accreditation.

Prerequisites

None

Delivery style

This is an online webinar. Once enrolled, you will be provided a link to the recording and can watch on demand.

Full series registration

CLICK HERE to register for the full series (8 webinars)

Further enquiries

• T +61 2 9351 0248
• E law.events@sydney.edu.au