nick012000 wrote:
That's all it takes to be deemed insane in Queensland courts?
What about "I was drunk off of my face at the time"? That would certainly remove the person's "capacity to know that the person ought not to do the act or make the omission". ;)
Er, no. Because being drunk isn't a "mental disease or natural mental infirmity". There's a shitload of case law dealing with the issue of what
is a mental disease or natural mental infirmity. The law may be an ass, but it isn't
that much of an ass.
You could try to plead intoxication, but that defense is only available if you became intoxicated through no fault of your own (eg. drink spiking, unusual and unexpected reaction to an intoxicant, prescription medication with inadequate warning about the potential side-effects etc). If you just went out and got hammered, the court would consider that you should have known the risks inherent in consuming large amounts of alcohol.