Methamphetamine, psychosis and criminal responsibility: rethinking the mental impairment defence

The increasing prevalence of methamphetamine use and its strong association with psychosis is placing significant pressure on legal doctrines of criminal responsibility. Laws governing intoxication and insanity were developed in an era of limited drug use and are ill-equipped to address the complex issues that now arise at the intersection of substance use, mental illness and offending. This article examines how Australian jurisdictions currently navigate this intersection. It argues that they rely on imperfect proxies, such as ‘disease’ and ‘intoxication’, to make an evaluative judgment about whether the accused is sufficiently blameworthy for causing their lack of capacity that they should be held criminally responsible. The article proposes that a blameworthiness-based framework, which directly addresses this question, would offer a more principled alternative. It argues that such an approach provides a clearer, fairer and more coherent basis for resolving these increasingly common and difficult cases.

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Publication Details

Journal
Psychiatry Psychology and Law
Published
2026-02-01
DOI
https://doi.org/10.1080/13218719.2025.2604546
Primary Topic
Psychopathy, Forensic Psychiatry, Sexual Offending
Type
article
Field-Weighted Citation Impact
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article

Methamphetamine, psychosis and criminal responsibility: rethinking the mental impairment defence

Jamie Walvisch
Psychiatry Psychology and Law
Psychopathy, Forensic Psychiatry, Sexual Offending
article

Methamphetamine, psychosis and criminal responsibility: rethinking the mental impairment defence

Jamie Walvisch
article en

Abstract

The increasing prevalence of methamphetamine use and its strong association with psychosis is placing significant pressure on legal doctrines of criminal responsibility. Laws governing intoxication and insanity were developed in an era of limited drug use and are ill-equipped to address the complex issues that now arise at the intersection of substance use, mental illness and offending. This article examines how Australian jurisdictions currently navigate this intersection. It argues that they rely on imperfect proxies, such as ‘disease’ and ‘intoxication’, to make an evaluative judgment about whether the accused is sufficiently blameworthy for causing their lack of capacity that they should be held criminally responsible. The article proposes that a blameworthiness-based framework, which directly addresses this question, would offer a more principled alternative. It argues that such an approach provides a clearer, fairer and more coherent basis for resolving these increasingly common and difficult cases.

Psychiatry Psychology and Law
The University of Western Australia (AU)
Openalex Percentile: Top 72%
Psychopathy, Forensic Psychiatry, Sexual Offending
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Methamphetamine, psychosis and criminal responsibility: rethinking the mental impairment defence — Jamie Walvisch · Psychiatry Psychology and Law (2026) | TGRS Research Map | TGRS