❓ Opposition MP questions the Attorney General regarding the Police Minister's comments linking methamphetamine use to mental impairment, arguing it contradicts the legal definition. The Attorney General provides a cautious response, neither confirming nor denying the Minister's accuracy.
AnsweredQoN 109Legislative Council
QuestionView source ↗
MINISTER FOR POLICE — COMMENTS ON MENTAL
IMPAIRMENT
109. Hon SUE ELLERY to the
Attorney General:
I refer to comments by the Minister for Police equating
mental impairment with binging on methamphetamine. Is it not the case that the
definition of mental impairment in the Criminal Law (Mentally Impaired Accused)
Act 1996 does not include binging on methamphetamines and that the Minister for
Police was wrong?
IMPAIRMENT
109. Hon SUE ELLERY to the
Attorney General:
I refer to comments by the Minister for Police equating
mental impairment with binging on methamphetamine. Is it not the case that the
definition of mental impairment in the Criminal Law (Mentally Impaired Accused)
Act 1996 does not include binging on methamphetamines and that the Minister for
Police was wrong?
AnswerView source ↗
It is a bit unusual to be giving legal advice on a matter
like that when, plainly, the Minister for Police was not using that term in any
technical sense as opposed to a colloquial sense. I am not sure of the context
in which the Minister for Police made that remark. Certainly, the ingestion of
drugs may cause mental impairment over a period of time. It can also trigger
mental illnesses and psychotic episodes. It may be that the withdrawal symptoms
from ingesting drugs over a period will give rise to mental disturbances. It is
also the case that the involuntary ingestion of drugs may create a defence or
an exculpatory factor in terms of criminal responsibility. I would have to
consider a number of things before I can offer advice on that subject and
whether the Minister for Police was correct. I will look at her remarks and if
what she has said does not accord with my understanding of the law, I will
point it out to her.
like that when, plainly, the Minister for Police was not using that term in any
technical sense as opposed to a colloquial sense. I am not sure of the context
in which the Minister for Police made that remark. Certainly, the ingestion of
drugs may cause mental impairment over a period of time. It can also trigger
mental illnesses and psychotic episodes. It may be that the withdrawal symptoms
from ingesting drugs over a period will give rise to mental disturbances. It is
also the case that the involuntary ingestion of drugs may create a defence or
an exculpatory factor in terms of criminal responsibility. I would have to
consider a number of things before I can offer advice on that subject and
whether the Minister for Police was correct. I will look at her remarks and if
what she has said does not accord with my understanding of the law, I will
point it out to her.
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