R v Waters [2015] NSWSC 235

R v Waters [2015] NSWSC 235

The accused voluntarily and intentionally caused the death of Leone Austin by asphyxiation, but the uncontradicted psychiatric evidence established that at the time she was suffering from schizophrenia with psychotic symptoms, including auditory hallucinations and delusions, which rendered her unable to reason about the wrongfulness of her actions with the requisite degree of sense and composure. The defence of mental illness was therefore made out on the balance of probabilities and a special verdict of not guilty on the ground of mental illness was required.

Jurisdiction
Australia
Judgment Date
09 April 2015
Procedural Posture
Criminal Prosecution for Murder / Judge Alone Trial; Verdict and Orders
Outcome
Special verdict entered that the accused, Eliza Lily Waters, is not guilty on the ground of mental illness.
Legal Topics
['murder' 'judge Alone Trial' 'defence of Mental Illness' 'special Verdict of Not Guilty on the Ground of Mental Illness']
['criminal Law' 'mental Health Law'] ['murder' 'judge Alone Trial' 'defence of Mental Illness' 'special Verdict of Not Guilty on the Ground of Mental Illness']

Case Brief

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Procedural Posture

Criminal Prosecution for Murder / Judge Alone Trial; Verdict and Orders

Legal Issues

  1. 1 ['Whether the Crown proved beyond reasonable doubt that a voluntary or intentional act of the accused caused the death of Leone Austin.' 'Whether, the defence of mental illness having been raised, the accused proved on the balance of probabilities that at the time of the killing she was labouring under a defect of reason arising from a disease of the mind so as not to know the nature and quality of her act or, if she did know it, not to know that what she was doing was wrong.' 'Whether a special verdict of not guilty on the ground of mental illness should be entered under s 38 of the Mental Health (Forensic Provisions) Act 1990.']

Ratio Decidendi

The accused voluntarily and intentionally caused the death of Leone Austin by asphyxiation, but the uncontradicted psychiatric evidence established that at the time she was suffering from schizophrenia with psychotic symptoms, including auditory hallucinations and delusions, which rendered her unable to reason about the wrongfulness of her actions with the requisite degree of sense and composure. The defence of mental illness was therefore made out on the balance of probabilities and a special verdict of not guilty on the ground of mental illness was required.

Court Disposition

Special verdict entered that the accused, Eliza Lily Waters, is not guilty on the ground of mental illness.

Orders

  • ['That Eliza Lily Waters be detained at the Step Down Unit at Silverwater Correctional Centre, or such other place as may be determined from time to time by the Mental Health Review Tribunal, until released by due process of law.' 'That the Registrar of the Court notify the Minister for Health of this judgment and...