R v Cottam [2019] NSWDC 738

R v Cottam [2019] NSWDC 738

The court found, on the balance of probabilities and on the unanimous expert medical evidence, that at the time of wounding the complainant the accused was suffering from schizophrenia amounting to a disease of the mind, and was labouring under a defect of reason such that although he knew the nature and quality of his acts, he did not know that what he was doing was wrong. Accordingly, the special verdict of not guilty by reason of mental illness was entered on both counts.

Jurisdiction
Australia
Judgment Date
25 November 2019
Procedural Posture
Criminal / Trial Judgment
Outcome
Accused found not guilty by reason of mental illness on both counts; accused remanded in custody pending further orders.
Legal Topics
['mental Illness Defence' 'wound With Intent to Murder' 'wound With Intent to Cause Grievous Bodily Harm' 'judge Alone Trial']
['criminal Law'] ['mental Illness Defence' 'wound With Intent to Murder' 'wound With Intent to Cause Grievous Bodily Harm' 'judge Alone Trial']

Case Brief

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Procedural Posture

Criminal / Trial Judgment

Legal Issues

  1. 1 ['Whether the accused is not guilty by reason of mental illness at the time of the acts charged']

Ratio Decidendi

The court found, on the balance of probabilities and on the unanimous expert medical evidence, that at the time of wounding the complainant the accused was suffering from schizophrenia amounting to a disease of the mind, and was labouring under a defect of reason such that although he knew the nature and quality of his acts, he did not know that what he was doing was wrong. Accordingly, the special verdict of not guilty by reason of mental illness was entered on both counts.

Court Disposition

Accused found not guilty by reason of mental illness on both counts; accused remanded in custody pending further orders.

Orders

  • ['Count 1: Not guilty by reason of mental illness' 'Count 2: Not guilty by reason of mental illness' 'Pursuant to s 38(2) Mental Health (Forensic Provisions) Act, accused remanded in custody until further order under s 39']