R v Fraser [2018] NSWSC 1598

R v Fraser [2018] NSWSC 1598

The accused, Vanessa Fraser, while driving her car at high speed into the rear of Mr Moran's motorcycle, was suffering from a disease of the mind resulting in a defect of reason such that she did not know the quality and nature of her act or that it was wrong; therefore, she is not criminally responsible and the verdict is not guilty by reason of mental illness.

Jurisdiction
Australia
Judgment Date
23 October 2018
Procedural Posture
Criminal / Judge Alone Trial; Verdict and Orders
Outcome
Not guilty by reason of mental illness; accused detained until released by due process of law.
Legal Topics
['homicide' 'murder' 'mental Illness Defence' 'insanity or Mental Impairment' 'not Guilty by Reason of Mental Illness']
['criminal Law' 'mental Health'] ['homicide' 'murder' 'mental Illness Defence' 'insanity or Mental Impairment' 'not Guilty by Reason of Mental Illness']

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Procedural Posture

Criminal / Judge Alone Trial; Verdict and Orders

Legal Issues

  1. 1 ['Whether the accused, Vanessa Fraser, was guilty of murder of Trevor William Moran' 'Whether the accused was not criminally responsible by reason of mental illness']

Ratio Decidendi

The accused, Vanessa Fraser, while driving her car at high speed into the rear of Mr Moran's motorcycle, was suffering from a disease of the mind resulting in a defect of reason such that she did not know the quality and nature of her act or that it was wrong; therefore, she is not criminally responsible and the verdict is not guilty by reason of mental illness.

Court Disposition

Not guilty by reason of mental illness; accused detained until released by due process of law.

Orders

  • ['Verdict of not guilty by reason of mental illness.' 'Order pursuant to s 39 of the Mental Health (Forensic Provisions) Act that Vanessa Fraser be detained in current remand location or another place as directed by Mental Health Review Tribunal until released by due process of law.' "Registrar to notify the...