R v Whittall [2017] NSWSC 1697

R v Whittall [2017] NSWSC 1697

The accused voluntarily and intentionally inflicted the fatal stab wound on Kevin James Fawcett, but the psychiatric evidence established that at the time she was suffering from Bipolar Affective Disorder with an acutely manic episode, a disease of the mind, and although she knew the nature of her act she could not reason with a moderate degree of sense and composure about whether stabbing the deceased was wrong. The defence of mental illness was therefore established on the balance of probabilities, requiring a special verdict under s 38 of the Mental Health (Forensic Provisions) Act 1990 (NSW).

Jurisdiction
Australia
Judgment Date
18 July 2017
Procedural Posture
Criminal Judge Alone Trial for Murder / Special Verdict After Trial
Outcome
Special verdict of not guilty of murder entered by reason of mental illness.
Legal Topics
['defence of Mental Illness' 'special Verdict' 'not Guilty by Reason of Mental Illness' 'murder']
['criminal Law' 'mental Health and Forensic Provisions'] ['defence of Mental Illness' 'special Verdict' 'not Guilty by Reason of Mental Illness' 'murder']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Judge Alone Trial for Murder / Special Verdict After Trial

Legal Issues

  1. 1 ['Whether the Crown proved that the accused caused the death of Kevin James Fawcett by voluntary or intentional actions.' 'Whether the accused established on the balance of probabilities the defence of mental illness under the McNaghten rules.' 'Whether a special verdict of not guilty by reason of mental illness should be entered under s 38 of the Mental Health (Forensic Provisions) Act 1990 (NSW).']

Ratio Decidendi

The accused voluntarily and intentionally inflicted the fatal stab wound on Kevin James Fawcett, but the psychiatric evidence established that at the time she was suffering from Bipolar Affective Disorder with an acutely manic episode, a disease of the mind, and although she knew the nature of her act she could not reason with a moderate degree of sense and composure about whether stabbing the deceased was wrong. The defence of mental illness was therefore established on the balance of probabilities, requiring a special verdict under s 38 of the Mental Health (Forensic Provisions) Act 1990 (NSW).

Court Disposition

Special verdict of not guilty of murder entered by reason of mental illness.

Orders

  • ['Verdict that the accused was not guilty by reason of mental illness.' 'Ancillary orders made by consent.']