R v Pesamino [2020] NSWSC 1188

R v Pesamino [2020] NSWSC 1188

On the balance of probabilities, the accused was suffering from schizophrenia, a disease of the mind, at the relevant times and was unable to judge the wrongfulness of his acts. Accordingly, he is not criminally responsible and must be acquitted on all counts by reason of mental illness.

Parties
Prosecution: Regina (Crown); Accused: Asalemo Dick AJ Pesamino
Jurisdiction
Australia
Judgment Date
02 September 2020
Procedural Posture
Criminal / Judgment After Judge Alone Trial
Outcome
Special verdict of not guilty by reason of mental illness for all charges; accused to be detained until lawfully released.
Legal Topics
Defence of Mental Illness, Murder, Assault Occasioning Actual Bodily Harm, Special Verdict, Judge Alone Trial
Criminal Law Mental Health Law Defence of Mental Illness Murder Assault Occasioning Actual Bodily Harm Special Verdict Judge Alone Trial

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Parties

Regina (Crown)

Prosecution

Asalemo Dick AJ Pesamino

Accused

Procedural Posture

Criminal / Judgment After Judge Alone Trial

Legal Issues

  1. 1 Whether the accused is criminally responsible for the alleged acts due to mental illness
  2. 2 Whether the defence of mental illness applies to counts of murder and assault occasioning actual bodily harm

Ratio Decidendi

On the balance of probabilities, the accused was suffering from schizophrenia, a disease of the mind, at the relevant times and was unable to judge the wrongfulness of his acts. Accordingly, he is not criminally responsible and must be acquitted on all counts by reason of mental illness.

Court Disposition

Special verdict of not guilty by reason of mental illness for all charges; accused to be detained until lawfully released.

Orders

  • Pursuant to s 38 of the Mental Health (Forensic Provisions) Act 1990 (NSW), a special verdict of not guilty by reason of mental illness is returned with respect to counts 1, 2, and 3 of the indictment of 15 November 2018.
  • Pursuant to s 39 of the Mental Health (Forensic Provisions) Act 1990 (NSW), Asalemo Dick AJ Pesamino is to be detained in a correctional facility, or at such other place as determined by the Mental Health Review Tribunal, until released by due process of law.