30 Nov 2005
ABM V ACC HC WN CIV-2004-485-1791
- Citation
- openlaw-d8722cbf_f761_483f_bb6e_7762384030ee.pdf
- Court
- High Court
Court held Judge Beattie erred in analogising to criminal insanity and in concluding voluntary voluntary drug ingestion categorically precludes 'mental injury'; medical evidence on balance of probabilities established the appellant suffered an acute drug‑related mental injury (clinical psychotic/delusional state) at the time, so s119(2) applied; onus is not rigidly shifted but the Corporation must consider s119(2) and medical evidence and here the balance favoured the claimant; appeal allowed and decision quashed.