Police v Bannin - [1991] 2 NZLR 237

Criminal law — Defences — Automatism — Whether "disease of the mind" - Whether disease of the mind a legal or medical concept — Nature of automatism — Elements of defence of automatism — Difference between sane and insane automatism — Onus of proof — Whether accused had capacity to form the particular mental ingredients of the crime with which he is charged.

Criminal law — Offences — Assault on a female — Absence of consent — Whether onus on prosecution to establish lack of consent — Absence of any fact pointing to reasonable doubt as to absence of consent — Crimes Act 1961, s 194(b).

Criminal law — Offences — Unlawfully entering building with intent to commit a crime — Whether intent to enter without permission — Whether ulterior intent to commit a crime — Need for co-existence of both elements — Whether prosecution had onus to prove absence of consent if no evidence raising reasonable doubt — Crimes Act 1961, s 242.