The Law Association of New Zealand

Automatism Masterclass: Sexsomnia, Insanity and other Challenges (2025) (On Demand)

This On Demand was recorded on 4 March 2025.

The defence of automatism is rarely used in Aotearoa New Zealand but it has developed over time and continues to evolve. Now categorised into different types, but distinct from other defences such as insanity, an automatism argument can arise in a wide range of cases including violence and sexual violence. 

In this On Demand, visiting academics Professor Ronnie Mackay, the UK’s leading academic expert on mental state defences, and Professor Ian Freckelton, Australia’s leading authority on mental health law, and New Zealand’s own Professor Warren Brookbanks, an internationally recognised authority in criminal law, criminal justice and mental health law, together with psychiatrist and sleep specialist Dr Tony Fernando, an expert in sleep automatism, will delve into issues around the automatism defence, including the defence of sexsomnia and reform proposals currently in train in the England and Wales. Don’t miss this rare opportunity to hear from our panel of experts on this subject.

Learning Outcomes

  • Refresh and update your knowledge of the defence of automatism.
  • Gain a deeper understanding of the defence of sexsomnia and how it is playing out in cases in New Zealand and overseas.
  • Gain insights into the proposals for reform of the defence in the English Law, and how those might impact our own law.


Who should Watch?

All those practising in Criminal law and Parole law. Other professionals working in this area, such as communication assistants, psychiatrists and psychologists, might find it valuable.


Presenters

Professor Warren Brookbanks LLD, Law School, AUT
Professor Ian Freckelton AO KC, Law School, University of Melbourne
Professor Ronnie Mackay, Law School, De Montfort University, United Kingdom
Dr Tony Fernando, Psychiatrist and Sleep Specialist

Chair: Julie-Anne Kincade KC, Augusta Chambers





Professor Warren Brookbanks

Warren Brookbanks is a Professor of Criminal Law and Justice Studies and Director of the Centre for Non-Adversarial Justice at AUT Law School. He was previously at Auckland Law School where he taught from 1983 to 2016. He is co-author of Bell & Brookbanks, Mental Health Law in New Zealand (3nd edn, (2017), Simester & Brookbanks, Principles of Criminal Law (5th edn, 2019) and Mackay & Brookbanks (eds), Fitness to Plead: International and Comparative Perspectives  (OUP, 2018), Mackay & Brookbanks (eds) The Insanity Defence (OUP, 2022). In addition, he has co-authored or edited a number of books on forensic psychiatry and law, unfitness to stand trial, criminal justice and therapeutic jurisprudence together with numerous published articles. In addition to overseeing undergraduate research he is involved in professional consultation and is a regular presenter at professional conferences and seminars.  

He was a founding Trustee of the Odyssey House Trust (NZ), a former President of the Australia and New Zealand Association of Psychiatry, Psychology and Law (ANZAPPL) and former chair of the Oakley Mental Health Foundation Trust Board

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Professor Ian Freckelton AO KC

Ian Freckelton is an experienced King’s Counsel at the Australian Bar and a Judge of the Supreme Court of the Republic of Nauru. He is also a Professor of Law and Professorial Fellow in Psychiatry at the University of Melbourne and an Honorary Professor of Forensic Medicine at Monash University. Ian is an elected Fellow of the Australian Academies of Law, Health and Medical Sciences, and Social Sciences. He is the Editor of the Journal of Law and Medicine and the Founding Editor of Psychiatry, Psychology and Law. He is the author 50 books and over 750 articles and chapters. In 2001 he was made an Officer of the Order of Australia (AO) for “distinguished service to the law and to the legal profession across fields including health, medicine and technology” and in 2024 he was awarded the highest honour given by the International Academy of Law and Mental Health, the Philippe Pinel Prize.

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Dr Tony Fernando

Tony Fernando is a psychiatrist, sleep specialist, and former senior lecturer in Psychological Medicine at the University of Auckland. He earned his medical degree from the University of the Philippines, completed his psychiatry and sleep training at the University of Pennsylvania, and received his PhD from the University of Auckland in 2021, focusing on compassion in medicine.

He has received multiple teaching awards, including the Butland Award and the NZ Medical Association Chair’s Award for physician wellbeing. An expert in sleep automatisms, he has served as a witness in Australia and New Zealand for over 25 years.

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Professor Ronnie Mackay

Ronnie Mackay is Professor of Criminal Policy and Mental Health at Leicester De Montfort Law School, De Montfort University. He has written and researched on mentally abnormal offenders for many years. He is the author of Mental Condition Defences in the Criminal Law; Fitness to Plead – International and Comparative Perspectives; and The Insanity Defence - International and Comparative Perspectives both jointly edited with Warren Brookbanks and all published by Oxford University Press together with numerous other scholarly publications. 

Ronnie was a member of the Parole Board of England and Wales from 1995 to 2001. He has acted as a consultant to the Law Commission for England and Wales for whom he has conducted empirical studies on unfitness to plead, the insanity defence, diminished responsibility, provocation and infanticide.  


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Julie-Anne Kincade KC

Julie-Anne Kincade was called to the Bar of England and Wales in 1991. She worked as a criminal barrister in London until December 2005, prosecuting and defending all levels and types of serious criminal cases from Crown Court to appellate level.

After moving to New Zealand Julie-Anne was a Senior Solicitor at Meredith Connell from 2007 to 2013.

Since joining the independent bar in November 2013, she has been involved in a number of high-profile trials in New Zealand including the Mark Lundy hearings at all levels and the Dome Valley kidnapping trial.

She has been a Faculty member of the Litigation Skills course since 2015 and regularly presents seminars for criminal lawyers.

Julie-Anne regularly deals with witnesses giving evidence via AVL.

She is a Vice President of the The Law Association Council and Convenor of the The Law Association Criminal Law Committee.

Julie-Anne was a member of Blackstone Chambers in Auckland from February 2016 to mid-2023 and is now a member of the newly-formed Augusta Chambers.

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Details

CPD Hours: 3.00hr

Pricing Details

Ticket Price

Member: $290 plus GST
Non-member: $400 plus GST






This On Demand includes the video and materials, and will earn CPD. 

Click here to access materials only.

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