R v FERNANDO [2011] NSWSC 1556

R v FERNANDO [2011] NSWSC 1556

The Crown proved the physical elements of murder, but the psychiatric evidence established that at the time of the shooting the accused was suffering from chronic schizophrenia with an acute exacerbation, a disease of the mind that produced delusional beliefs about her father and deprived her of the capacity to know that she ought not to kill him or to recognise that her actions were morally wrong. The accused therefore established the defence of mental illness on the balance of probabilities and was not guilty of murder by reason of mental illness.

Jurisdiction
Australia
Judgment Date
15 December 2011
Procedural Posture
Criminal Charge of Murder / Trial by Judge Alone Following Election Under S32(1) of the Criminal Procedure Act 1986; Determination of Defence of Mental Illness
Outcome
The accused was found not guilty of murder by reason of mental illness.
Legal Topics
['murder' 'defence of Mental Illness' 'not Guilty by Reason of Mental Illness' 'judge Alone Trial' 'forensic Patient Detention']
['criminal Law' 'mental Health Law'] ['murder' 'defence of Mental Illness' 'not Guilty by Reason of Mental Illness' 'judge Alone Trial' 'forensic Patient Detention']

Case Brief

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Procedural Posture

Criminal Charge of Murder / Trial by Judge Alone Following Election Under S32(1) of the Criminal Procedure Act 1986; Determination of Defence of Mental Illness

Legal Issues

  1. 1 ['Whether the elements of murder were proved beyond reasonable doubt.' 'Whether the accused established on the balance of probabilities that, at the time of the killing, she was not responsible by reason of mental illness.' "Whether the accused knew that what she was doing was morally wrong within the second limb of the M'Naghten rule."]

Ratio Decidendi

The Crown proved the physical elements of murder, but the psychiatric evidence established that at the time of the shooting the accused was suffering from chronic schizophrenia with an acute exacerbation, a disease of the mind that produced delusional beliefs about her father and deprived her of the capacity to know that she ought not to kill him or to recognise that her actions were morally wrong. The accused therefore established the defence of mental illness on the balance of probabilities and was not guilty of murder by reason of mental illness.

Court Disposition

The accused was found not guilty of murder by reason of mental illness.

Orders

  • ['In accordance with s38 of the Mental Health (Forensic Provisions) Act 1990, the accused is not guilty of murder by reason of mental illness.' 'The accused, Sharmin Fernando, is to be detained pursuant to s39(1) of the Mental Health (Forensic Provisions) Act 1990 in an appropriate correctional centre or such...