Case Number
LCA 1272/05
Date Decided
12-2-2007
Decision Type
Appellate
Document Type
Full Opinion
Abstract
Facts: The appellant suffered from a mental illness. On 1 October 1999, the appellant attacked the respondent, who was then an eight year old child, and seriously wounded him. The appellant then attacked his own daughter and killed her. The appellant was indicted for murder and attempted murder, but because of the mental illness from which he suffered, he was found not to be responsible for his actions, and he was hospitalized in a psychiatric hospital. The respondent, through his parents, sued the appellant for compensation.
Held: Tort law does not recognize a defence of insanity according to the meaning of ‘insanity’ in criminal law, i.e., when the defendant did not understand what he was doing or the impropriety of his act, or could not refrain from committing the act because of a mental illness. Tort law recognizes only a defence of lack of control, when the tortfeasor had no control over his actions (such as in a case of automatism), either because of a physical or mental illness.
Keywords
Torts -- Exemptions from liability
Recommended Citation
Rubinstein, Elyakim; Naor, Miriam; and Arbel, Edna, "Carmi v. Sabag" (2007). Translated Opinions. 106.
https://larc.cardozo.yu.edu/iscp-opinions/106
