Damin Peter Cook, who claimed he raped an unconscious woman in his sleep, has appealed his conviction at the Supreme Court.
Cook claimed it happened due to a sleep disorder called sexsomnia, also known as sleep sex.
The hearing focused on whether the judge was correct in treating Cook’s defence as insane automatism rather than the sane automatism defence he wanted to put forward.
Both types of defence would argue Cook was unaware of his actions and could not be held criminally responsible, but sane automatism would require more proof to be placed on the Crown.
Cook’s lawyer, Rodney Harrison KC, argued that the judge relied too heavily on case law, including the case of Rotorua man Tony Cameron, when deciding the position of insane automatism.
Crown lawyer Zoe Hamill said the judge decided on the insane automatism defence because of the evidence presented, and it was up to the courts to classify the type of automatism.
The justices’ decision will be published at a later date.
Click to read more about New Zealand
