Under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), sexsomnia and other parasomnias constitute a 'mental health impairment' within s 4, and a complete absence of volition is a 'disturbance of volition' within s 4(1)(a). The statutory definition of mental health impairment is broader than the common law concept of 'disease of the mind' and is not to be construed by reference to common law concepts. Persons who commit criminal acts while asleep due to a parasomnia are no longer entitled to an outright acquittal on the basis of sane automatism; instead, the appropriate verdict is 'act proven but not criminally responsible' under s 28, which engages the supervisory jurisdiction of the Mental Health Review Tribunal.
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