Amee Baird, PhD, MPsych (Clin Neuro), BA(Hons)Newcastle Neuropsychology and Newcastle Law School.
Dr Amee Baird has worked as a clinical neuropsychologist for over 20 years in clinical and research positions in Australia and overseas in London and Paris. She is now based in Newcastle where she has a private practice and sees adults for diagnostic and medicolegal neuropsychological assessments. In 2016-2019 she received a NHMRC-ARC Dementia Research Fellowship and undertook research on music, memory and the self in people with dementia. Her first books Sex in the Brain (NewSouth Publishing & Columbia University Press) and the co-edited Music and Dementia: From Cognition to Therapy (Oxford University Press) were both published in 2019. She is currently a member of the NSW Guardianship and Mental Health Review Tribunals. In 2020 she commenced a Juris Doctor and Diploma of Legal Practice at the University of Newcastle Law School.
Introduction
Dementia is a syndrome characterised by cognitive decline due to brain injury or disease. Different types of dementia have varying cognitive and functional effects, reflecting the brain regions affected by the neuropathological changes. An offender with dementia creates a significant challenge for the criminal justice system. The timing and accuracy of a dementia diagnosis can have a significant impact on the outcome of legal proceedings. For this reason, expert evidence of dementia is critical to avoid injustices.
Purpose and Scope
This presentation outlines the importance of appropriate expert evidence of dementia in criminal law proceedings, with a focus on sentencing. The nature of dementia as a neurodegenerative condition challenges current sentencing principles. Three Australian cases (Salvatore Fedele v The Queen ; Wright v R and The DPP v Gibson ) demonstrate the difficulties of sentencing and placement of a person with dementia, particularly if the diagnosis is made after initial sentencing. These cases highlight the critical nature of accurate expert evidence in this field.
Conclusion
There is a need to broaden the types of experts in cases of dementia to ensure accurate and timely evidence of dementia beyond a mere diagnostic label. Current sentencing principles are inappropriate for offenders with neurodegenerative disorders. The challenges of sentencing and placement of offenders with dementia highlights the need for further research and law reform in this area