R v Struthers [2018] NSWSC 1824

R v Struthers [2018] NSWSC 1824

The court found that although the accused deliberately performed actions constituting attempted murder and murder, at the time she was suffering from a disease of the mind that led to a defect of reason, resulting in her inability to appreciate the moral wrongfulness of her acts. Therefore, the defence of not guilty by reason of mental illness was made out for both counts.

Jurisdiction
Australia
Judgment Date
29 November 2018
Procedural Posture
Criminal / Trial by Judge Alone (verdict and Orders)
Outcome
Special verdicts of not guilty by reason of mental illness on counts of attempted murder and murder; orders for detention of accused under the Mental Health (Forensic Provisions) Act 1990 (NSW) and notifications to relevant authorities.
Legal Topics
['attempted Murder' 'murder' 'defence of Mental Illness' 'special Verdict' 'detention Under Mental Health Legislation']
['criminal Law' 'mental Health'] ['attempted Murder' 'murder' 'defence of Mental Illness' 'special Verdict' 'detention Under Mental Health Legislation']

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Procedural Posture

Criminal / Trial by Judge Alone (verdict and Orders)

Legal Issues

  1. 1 ['Whether the accused is not guilty of attempted murder by reason of mental illness' 'Whether the accused is not guilty of murder by reason of mental illness']

Ratio Decidendi

The court found that although the accused deliberately performed actions constituting attempted murder and murder, at the time she was suffering from a disease of the mind that led to a defect of reason, resulting in her inability to appreciate the moral wrongfulness of her acts. Therefore, the defence of not guilty by reason of mental illness was made out for both counts.

Court Disposition

Special verdicts of not guilty by reason of mental illness on counts of attempted murder and murder; orders for detention of accused under the Mental Health (Forensic Provisions) Act 1990 (NSW) and notifications to relevant authorities.

Orders

  • ['On the count of attempted murder, special verdict that the accused is not guilty on the ground of mental illness.' 'On the count of murder, special verdict that the accused is not guilty on the ground of mental illness.' 'Pursuant to s 39(1) of the Mental Health (Forensic Provisions) Act 1990, the accused is to be...