R v WALICKI [2008] NSWSC 777

R v WALICKI [2008] NSWSC 777

The accused was suffering from a mental illness (schizophrenia) which deprived her of the capacity to understand the nature and wrongness of her acts at the relevant time; accordingly, the special verdict of not guilty by reason of mental illness was entered on each count.

Jurisdiction
Australia
Judgment Date
30 July 2008
Procedural Posture
Criminal Trial / Judgment
Outcome
Not guilty by reason of mental illness
Legal Topics
['mental Illness Defence' 'trial Without Jury' 'special Verdicts' 'murder' 'wounding With Intent']
['criminal Law' 'mental Health Law'] ['mental Illness Defence' 'trial Without Jury' 'special Verdicts' 'murder' 'wounding With Intent']

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Procedural Posture

Criminal Trial / Judgment

Legal Issues

  1. 1 ['Whether the accused was not guilty by reason of mental illness at the time of committing the alleged offences']

Ratio Decidendi

The accused was suffering from a mental illness (schizophrenia) which deprived her of the capacity to understand the nature and wrongness of her acts at the relevant time; accordingly, the special verdict of not guilty by reason of mental illness was entered on each count.

Court Disposition

Not guilty by reason of mental illness

Orders

  • ['Special verdicts of not guilty by reason of mental illness are entered on each count of the indictment.' 'Pursuant to the Mental Health (Criminal Procedure) Act 1990, Linda Jane Walicki is to be detained at the Bunya Unit, Cumberland Hospital and thereafter in accordance with the directions of the Mental Health...