R v Aliwijaya [2012] NSWSC 503

R v Aliwijaya [2012] NSWSC 503

The Court accepted uncontested psychiatric evidence that the accused was fit to be tried. The Crown proved beyond reasonable doubt that the accused deliberately choked the deceased and intended to kill him. However, the accused established on the balance of probabilities that, because of treatment resistant schizophrenia with acute symptoms including delusional beliefs and auditory hallucinations, he did not know that killing the deceased was wrong in the sense required by the M'Naghton rules. The appropriate verdict was therefore not guilty by reason of mental illness.

Jurisdiction
Australia
Judgment Date
16 May 2012
Procedural Posture
Criminal Trial for Murder by Judge Alone, Including Determination of Fitness to Be Tried / Verdict and Orders After Trial
Outcome
Accused found fit to be tried for murder. Special verdict of not guilty by reason of mental illness returned.
Legal Topics
['fitness to Be Tried' 'murder' 'judge Alone Trial' 'mental Illness Defence' 'not Guilty by Reason of Mental Illness' 'forensic Patient Detention']
['criminal Law' 'mental Health and Forensic Procedure' 'evidence'] ['fitness to Be Tried' 'murder' 'judge Alone Trial' 'mental Illness Defence' 'not Guilty by Reason of Mental Illness' 'forensic Patient Detention']

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Procedural Posture

Criminal Trial for Murder by Judge Alone, Including Determination of Fitness to Be Tried / Verdict and Orders After Trial

Legal Issues

  1. 1 ['Whether the accused was fit to be tried after previously being found unfit.' 'Whether the elements of murder were proved beyond reasonable doubt.' 'Whether the accused established the defence of mental illness on the balance of probabilities.' 'What orders should be made following a special verdict of not guilty by reason of mental illness.']

Ratio Decidendi

The Court accepted uncontested psychiatric evidence that the accused was fit to be tried. The Crown proved beyond reasonable doubt that the accused deliberately choked the deceased and intended to kill him. However, the accused established on the balance of probabilities that, because of treatment resistant schizophrenia with acute symptoms including delusional beliefs and auditory hallucinations, he did not know that killing the deceased was wrong in the sense required by the M'Naghton rules. The appropriate verdict was therefore not guilty by reason of mental illness.

Court Disposition

Accused found fit to be tried for murder. Special verdict of not guilty by reason of mental illness returned.

Orders

  • ['In accordance with s 38 of the Mental Health (Forensic Provisions) Act, the accused is found not guilty by reason of mental illness.' 'Pursuant to s 39(1) of the Mental Health (Forensic Provisions) Act, the accused is to be detained in a correctional centre or at such place as may be determined from time to time...