In Western Australian homicide trials where insanity is raised, the question of unsoundness of mind under s 27 of the Criminal Code falls for determination before the issue of specific intent, following Hawkins v R. The jury need not determine all elements of the offence before considering insanity. The obiter dicta of Malcolm CJ in Nolan v R suggesting the contrary practice are not binding. Where the evidence of delusional beliefs is not capable of raising self-defence under s 248 — because the actual assault did not cause reasonable apprehension of death or grievous bodily harm — the trial judge is not required to direct on self-defence in the context of the second paragraph of s 27.
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