Depressive Rage and Criminal Responsibility

Violence committed in the setting of rage poses particular challenges with respect to determining criminal responsibility. One such challenge relates to the fact that even moderately severe, nonpsychotic depressive disorders can increase the risk of episodes of violent rage. A recent Victorian case demonstrates two of the issues raised in such circumstances: the possible conflation of lowered impulse control with disordered reasoning, and the distinction between fleeting mental states and enduring severe mental disorders. The possible implications of a broad interpretation of mental impairment defences are discussed.