Voluntariness and Causation for Criminal Offending Associated with Treatment of Parkinson's Disease

F Bartlett, A Carter, W Hall, 'Voluntariness and Causation for Criminal Offending Associated with Treatment of Parkinson's Disease' (2013) 37 (5) Criminal Law Journal 330-341

University of Queensland TC Beirne School of Law Research Paper No. 14-05

13 Pages Posted: 13 Jan 2014

See all articles by Francesca Bartlett

Francesca Bartlett

The University of Queensland - T.C. Beirne School of Law

Date Written: 2013

Abstract

In 2011, the former independent member of Tasmania’s Upper House and Mayor of Glenorchy, Terry Martin, was found guilty of a number of criminal acts. His defence claimed that his behaviour was “caused” by the prescribed medication he was taking. While this is by no means an isolated case in its general outline, the decision and a handful of criminal prosecutions in other jurisdictions, raise interesting legal and philosophical questions about how the law ought to respond to offences committed by persons who engage in compulsive behaviour that they claim have been induced by medication prescribed for a serious, degenerative disease – in this case, Parkinson’s disease.

Suggested Citation

Bartlett, Francesca, Voluntariness and Causation for Criminal Offending Associated with Treatment of Parkinson's Disease (2013). F Bartlett, A Carter, W Hall, 'Voluntariness and Causation for Criminal Offending Associated with Treatment of Parkinson's Disease' (2013) 37 (5) Criminal Law Journal 330-341; University of Queensland TC Beirne School of Law Research Paper No. 14-05. Available at SSRN: https://ssrn.com/abstract=2378134

Francesca Bartlett (Contact Author)

The University of Queensland - T.C. Beirne School of Law ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia

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