R v Khatib [2019] NSWSC 1734

R v Khatib [2019] NSWSC 1734

Both expert psychiatrists were unanimous that the accused suffered at the relevant time from a disease of the mind (bipolar disorder with psychotic features) causing a defect of reason such that she did not know the nature and quality of her acts or that they were wrong. Therefore, in accordance with s 38 of the Mental Health (Forensic Provisions) Act 1990 (NSW) and the principles in M'Naghten, the accused is not criminally responsible and must be found not guilty by reason of mental illness.

Parties
Prosecution: Regina (Crown); Accused: Siham Khatib
Jurisdiction
Australia
Judgment Date
04 December 2019
Procedural Posture
Criminal Trial / Judgment/decision After Judge Alone Trial
Outcome
Special verdict of not guilty by reason of mental illness; detention ordered under s 39 Mental Health (Forensic Provisions) Act 1990 (NSW) pending Tribunal determination.
Legal Topics
Mental Health Defence, Murder, Special Verdict, Defect of Reason, Psychiatric Evidence, Section 39 Order
Criminal Law Mental Health Defence Murder Special Verdict Defect of Reason Psychiatric Evidence Section 39 Order

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Parties

Regina (Crown)

Prosecution

Siham Khatib

Accused

Procedural Posture

Criminal Trial / Judgment/decision After Judge Alone Trial

Legal Issues

  1. 1 Whether Siham Khatib is not guilty of murder by reason of mental illness under s 38 of the Mental Health (Forensic Provisions) Act 1990 (NSW)

Ratio Decidendi

Both expert psychiatrists were unanimous that the accused suffered at the relevant time from a disease of the mind (bipolar disorder with psychotic features) causing a defect of reason such that she did not know the nature and quality of her acts or that they were wrong. Therefore, in accordance with s 38 of the Mental Health (Forensic Provisions) Act 1990 (NSW) and the principles in M'Naghten, the accused is not criminally responsible and must be found not guilty by reason of mental illness.

Court Disposition

Special verdict of not guilty by reason of mental illness; detention ordered under s 39 Mental Health (Forensic Provisions) Act 1990 (NSW) pending Tribunal determination.

Orders

  • Siham Khatib found not guilty of murder on grounds of mental illness.
  • Accused to be detained in a correctional facility or such other place as determined by the Mental Health Review Tribunal until release by due process of law.