R v Buonomo [2000] NSWSC 554

R v Buonomo [2000] NSWSC 554

The accused was suffering from paranoid schizophrenic illness at the time of killing Dominic Portelli, which so affected his capacity to reason that he did not know his acts were wrong according to everyday standards. The special verdict of not guilty by reason of mental illness is returned.

Jurisdiction
Australia
Judgment Date
12 April 2000
Procedural Posture
Criminal / Judgment After Judge Alone Trial
Outcome
Special verdict of not guilty by reason of mental illness
Legal Topics
['mental Illness Defence' 'murder' 'paranoid Schizophrenia' 'special Verdict']
['criminal Law' 'mental Health Law'] ['mental Illness Defence' 'murder' 'paranoid Schizophrenia' 'special Verdict']

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Procedural Posture

Criminal / Judgment After Judge Alone Trial

Legal Issues

  1. 1 ['Whether the accused was not criminally responsible for murder by reason of mental illness at the time of the offence']

Ratio Decidendi

The accused was suffering from paranoid schizophrenic illness at the time of killing Dominic Portelli, which so affected his capacity to reason that he did not know his acts were wrong according to everyday standards. The special verdict of not guilty by reason of mental illness is returned.

Court Disposition

Special verdict of not guilty by reason of mental illness

Orders

  • ['Special verdict not guilty by reason of mental illness pursuant to s 38 of the Mental Health (Criminal Procedure) Act 1990' 'David Buonomo to be detained at Long Bay Prison Hospital or such other place as determined by the Minister for Health until released by due process of law']