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  • R v Leonboyer: The Role of Expert Witnesses in Psychological Blow Automatism Cases

    Author(s)
    Wells, Helene Anne
    Wilson, Paul
    Griffith University Author(s)
    Wells, Helene A.
    Year published
    2004
    Metadata
    Show full item record
    Abstract
    Automatism is a defence in criminal violence that raises some critical issues about the role of the expert witness in the determination of guilt and innocence. The recent Australian case of R V Leonboyer illustrates some of these issues including psychiatrists and psychologists going beyond their area of expertise, establishing reasonable doubt on the basis of possibilities rather than probabilities and failing to differentiate between automatic behaviour and its causes. Though there may be a necessity to utilise the experience of psychologists and psychiatrists to explain the complex issues arising from the defence of ...
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    Automatism is a defence in criminal violence that raises some critical issues about the role of the expert witness in the determination of guilt and innocence. The recent Australian case of R V Leonboyer illustrates some of these issues including psychiatrists and psychologists going beyond their area of expertise, establishing reasonable doubt on the basis of possibilities rather than probabilities and failing to differentiate between automatic behaviour and its causes. Though there may be a necessity to utilise the experience of psychologists and psychiatrists to explain the complex issues arising from the defence of automatism, there are particular problems in using such expert witnesses in this under-researched and complex area.
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    Journal Title
    Psychiatry, Psychology and Law
    Volume
    11
    Issue
    1
    DOI
    https://doi.org/10.1375/pplt.2004.11.1.167
    Subject
    Courts and Sentencing
    Psychology
    Cognitive Sciences
    Law
    Publication URI
    http://hdl.handle.net/10072/63953
    Collection
    • Journal articles

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