ADMJ 103 Lecture Notes - Lecture 18: Parasomnia, Sleepwalking, Mens Rea
Document Summary
Decision in the auckland district court prosecution for indecent assault on young person. The defendant observed by a family member lying on top of the victim (who was 14 years old) simulating intercourse, the defendant was incoherent and disoriented. Outcome the defendant was acquitted on account of insanity held that there was evidential foundation for the matter to go to the jury as case of insane automatism. However, there was a query of what was the. Disease of the mind suffered by the defendant at time of offence. Expert evidence suggested that the defendant suffered a profound form of parasomnia (sleep disorders). Should sexualised sleep be regarded as pathological, or an aberration of a normal activity. i. e. sleep. Eg where overwhelming stress, blow to head etc are causes of autmoatisistic state. There are a small number of sufferers involved in medicolegal issues. Neurological correlates for physical reactions to stimuli during sleep possibility of appearance of purposeful acts during sleep.
