The primary question in determining unsound mind under s 27 Criminal Code (Qld) is whether the accused had the capacity to know the act was morally wrong according to the standards of reasonable people, not merely whether they knew it was legally wrong. Knowledge of illegality is a relevant but not decisive factor. The distinction between impairment and deprivation of capacity is valid: impairment diminishes capacity whereas deprivation divests the person of it entirely; only deprivation establishes unsound mind.
The full text is available to signed-in members.