What should a statutory definition contain?
2.24 Once it has been accepted that there should be a standard statutory definition of intellectual disability in criminal legislation, the more difficult question is the content of that definition. Submissions have varied on the issue of how broad or narrow a definition should be. A narrow definition may exclude some groups of people; for example, the definition which limits intellectual disability to a condition arising in the “developmental period” will not apply to those who are brain damaged as a result of an accident or injury in adulthood. An overly technical definition may also be incomprehensible to lawyers and the general community. The Law Society of New South Wales favoured the development of a definition of intellectual disability “in as wide and broad terms as possible without losing the sense and meaning after suitable consultation with specialists in the field.”44 2.25 Other submissions have also suggested a definition in broad terms, such as “handicapped/impaired to fu
