The Court held that a drug-induced psychotic disorder, in the absence of an underlying mental disease and which is not prone to recur, is unlikely to constitute 'mental disease' for the purposes of the insanity defence under s 16 of the Criminal Code (Tas), applying the principles in Fang v The Queen [2018] NSWCCA 210 to Tasmanian law for the first time. Section 16(3) (delusions) was held to have no independent operation where insanity under s 16(1) is rejected, and the Court left open but did not resolve whether a deluded belief arising from self-induced intoxication can ground self-defence under s 46. On count 1 (aggravated assault by threatening gesture), the Court held the prosecution must prove either intention to induce apprehension of force in the specific complainant or subjective recklessness as to that outcome, and acquitted on the basis that the accused's gestures were directed at perceived conspirators rather than the complainant personally.
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