In determining whether an accused was deprived of the capacity to know she ought not do the charged acts under s 27 of the Criminal Code (Qld), evidence that the accused understood when sober that her acts were punishable by law is a highly relevant (but not decisive) factor in assessing whether she could reason with a moderate degree of composure as to the wrongness of her acts. Where every particularised act of offending occurred during intentional intoxication, and intoxication contributed to any extent to the deprivation of capacity, the accused is excluded from the statutory definition of 'unsound mind' under the Mental Health Act 2000 (Qld), even where a concurrent mental disease also contributed to the deprivation.
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