R v SE [2009] NSWSC 785

R v SE [2009] NSWSC 785

The accused established on the balance of probabilities that, when he attacked his parents, he was suffering from psychosis, probably schizophrenia, which produced delusions and disordered thought patterns and disabled him from knowing that the attacks were wrong in the sense understood by ordinary reasonable persons. Although he knew the acts were against the law, he did not appreciate their moral wrongness. He was therefore not guilty by reason of mental illness.

Jurisdiction
Australia
Judgment Date
12 August 2009
Procedural Posture
Criminal Indictment Charging Murder and Wounding With Intent to Murder / Judge Alone Trial; Verdict and Detention Orders
Outcome
Accused found not guilty by reason of mental illness on both counts and ordered detained at the Frank Baxter Juvenile Justice Centre.
Legal Topics
['murder' 'attempted Murder' 'defence of Mental Illness' 'judge Alone Trial' 'forensic Detention']
['criminal Law' 'mental Health Law'] ['murder' 'attempted Murder' 'defence of Mental Illness' 'judge Alone Trial' 'forensic Detention']

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Procedural Posture

Criminal Indictment Charging Murder and Wounding With Intent to Murder / Judge Alone Trial; Verdict and Detention Orders

Legal Issues

  1. 1 ['Whether the accused had the intention to kill JE and LE, subject to mental responsibility.' 'Whether, at the time of the attacks, the accused was suffering from mental illness within s 38 of the Mental Health (Forensic Provisions) Act 1990.' 'Whether the accused established on the balance of probabilities that he did not know that what he was doing was wrong.']

Ratio Decidendi

The accused established on the balance of probabilities that, when he attacked his parents, he was suffering from psychosis, probably schizophrenia, which produced delusions and disordered thought patterns and disabled him from knowing that the attacks were wrong in the sense understood by ordinary reasonable persons. Although he knew the acts were against the law, he did not appreciate their moral wrongness. He was therefore not guilty by reason of mental illness.

Court Disposition

Accused found not guilty by reason of mental illness on both counts and ordered detained at the Frank Baxter Juvenile Justice Centre.

Orders

  • ['In relation to both counts 1 and 2 on the indictment, I find that the accused is not guilty by reason of mental illness. In accordance with s 39 of the Mental Health (Forensic Provisions) Act 1990 I order that SE, formerly referred to in this judgment as the accused, be detained at the Frank Baxter Juvenile...