An examination of criminal offenders with dementia in Australian courts

This study aims to characterize people with dementia who were charged with criminal offences between 1995 and 2020 and describe their offending. Court cases were derived from Australian legal databases and descriptive data were manually extracted from case reports. Of 62 people variously charged with homicide, assault, child sexual assault, breach of conditions, property and larceny offences, driving offences, perverting the course of justice and arson, 46 were identified as having executive dysfunction, either as stated by medical expert witnesses or implicitly, due to conditions like Huntington's disease and frontotemporal dementia. Offending history was found to differ depending on offence type and dementia type. Executive dysfunction appears to underly offending in the sample; furthermore, some disease factors may combine to 'inhibit' or 'permit' offending. Permitting factors include executive dysfunction and younger age at time of offending; inhibitory factors include dementia-related impacts on mobility, memory and reaction speed.