Christopher Husbands, facing a retrial for murder and aggravated assault, asserted a Not Criminally Responsible (NCR) defence based on mental disorder automatism due to PTSD.
The defence applied to exclude expert references to Antisocial Personality Disorder (ASPD) and to limit references to malingering.
The court dismissed both applications, ruling that ASPD could be referenced, with limitations on propensity aspects, focusing on its manipulation, malingering, and deception components relevant to the NCR defence.
The court also allowed Crown experts to refer to malingering concerns, emphasizing its relevance to the NCR issue and providing jury instructions to distinguish it from the presumption of innocence regarding the elements of the offence.
