Scoop has an Ethical Paywall
Supreme Court Dismisses Damin Peter Cook's 'Sexsomnia' Appeal
The Supreme Court has dismissed an appeal brought by a rapist who claimed he had sex unknowingly with his victim while he was asleep.
A jury found Damin Peter Cook was not asleep when he raped an unconscious woman in 2019, who he had put in his bed after she passed out from alcohol at his Christchurch flat.
Cook did not deny having sex with the victim, but claimed it happened because of a condition known as sexsomnia, or sleep sex.
He was convicted of sexually violating and raping the woman in 2022 and sentenced to eight years imprisonment. In July last year, Cook appealed his conviction at the Supreme Court.
On Monday, the Supreme Court unanimously dismissed Cook's appeal.
Its decision centred on whether the trial judge was correct to treat Cook's defence as insane automatism, rather than the sane automatism defence Cook wanted to put forward.
Typically, the difference is based on whether the cause of the condition is internal or external - insane automatism is the result of a mental illness or a condition like schizophrenia, while sane automatism is when something else, such as concussion, was responsible.
"Counsel for Mr Cook submitted that sexsomnia, like other parasomnias, was properly classified as a form of sane automatism. It plainly involved a lack of conscious volition," the Supreme Court said.
"The trial judge classified the defence advanced as one of insane automatism - that is, based on a 'disease of the mind'... that provision placed a reverse onus on Mr Cook to prove, on the balance of probabilities, that he was suffering from a disease of the mind at the time of the alleged offending.
"The judge rejected an argument that Mr Cook's defence was to be categorised instead as sane automatism. The jury did not accept the insanity defence."
In 2023, the Court of Appeal upheld the classification decision of the judge and dismissed Cook's appeal against conviction, but reduced his sentence to seven years' imprisonment.
The Supreme Court found the Court of Appeal was correct to classify Cook's defence as one of insanity.
"The defence of sane automatism is available only where the absence of conscious volition arises from some event or condition not properly classified as a disease of the mind.
"Where, however, automatism proceeds from a disease of the mind, the effect... is that the defence must be classified as one of insanity. Insanity was therefore the only defence that could properly be put to the jury in this case," the court said.
RNZ
New Zealand's public broadcaster, providing comprehensive NZ news and current affairs, specialist audio features and documentaries.
Radio New Zealand is a Crown entity established under the Radio New Zealand Act 1995. Radio New Zealand News are vital elements in our programming, providing impartial news and information to New Zealanders every day. Radio New Zealand (RNZ) provides listeners with exciting and independent radio programmes in accordance with the Radio New Zealand Charter.
Gordon Campbell: On How US Courts Are Helping Donald Trump Steal The Mid-Terms
Office of the Ombudsman: Ombudsman Publishes Findings On Ministry Of Education Sensitive Claims Scheme
Nelson City Council: Mayor Welcomes Auditor-General Decision Not To Prosecute Councillor
Johnnie Freeland: Ko Tātou Tātou - Climate Action In Aotearoa Begins With Relationship
Zero Waste Network Aotearoa: Container Return Scheme Bill Would Double Recycling Rates And Put Money Back In Households
Wellington City Council: Statement From The Wellington Mayoral Forum On Options For Regional Governance Reform
MUNZ: TAIC Report On Kaitaki Incident Gives Shocking Picture Of Decline Of NZ Maritime Infrastructure
