R v CRAFT [2003] NSWSC 588

R v CRAFT [2003] NSWSC 588

The psychiatric evidence established that the accused was suffering from schizophrenia, a disease of the mind, at the times of killing John William Barr and attacking Robert Gregory Manning. His delusional beliefs and auditory commands substantially impaired or deprived his capacity to know or appreciate the wrongfulness of his acts. Having proved the defence of mental illness on the balance of probabilities, he was not guilty of either charge by reason of mental illness, and detention under the statutory regime was required.

Jurisdiction
Australia
Judgment Date
30 June 2003
Procedural Posture
Criminal Trial / Judge Alone Trial After Pleas of Not Guilty to Murder and Inflicting Grievous Bodily Harm With Intent to Murder
Outcome
The accused was found not guilty of either charge by reason of mental illness.
Legal Topics
['defence of Mental Illness' 'not Guilty by Reason of Mental Illness' 'murder' 'inflicting Grievous Bodily Harm With Intent to Murder' 'fitness to Be Tried' 'detention Following Special Verdict']

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Procedural Posture

Criminal Trial / Judge Alone Trial After Pleas of Not Guilty to Murder and Inflicting Grievous Bodily Harm With Intent to Murder

  1. 1 ['Whether the accused did the acts constituting the charged offences.' 'Whether at the time of the acts the accused was mentally ill so as not to be legally responsible for his actions.' 'Whether the accused was fit to be tried and capable of electing for trial by judge alone.' 'What order should be made following findings of not guilty by reason of mental illness.']

Ratio Decidendi

The psychiatric evidence established that the accused was suffering from schizophrenia, a disease of the mind, at the times of killing John William Barr and attacking Robert Gregory Manning. His delusional beliefs and auditory commands substantially impaired or deprived his capacity to know or appreciate the wrongfulness of his acts. Having proved the defence of mental illness on the balance of probabilities, he was not guilty of either charge by reason of mental illness, and detention under the statutory regime was required.

Court Disposition

The accused was found not guilty of either charge by reason of mental illness.

Orders

  • ['The accused is to be detained in the psychiatric ward of the hospital at Long Bay Correctional Centre or such other place as may be determined by the Mental Health Review Tribunal until released by due process of law.']