R v Graf [2020] NSWSC 1419

R v Graf [2020] NSWSC 1419

The accused inflicted fatal violence on his father while suffering from schizophrenia. Though he understood the nature and quality of his acts, he did not know they were wrong due to his disordered state of mind. The defence of mental illness was established such that he is not guilty by reason of mental illness.

Jurisdiction
Australia
Judgment Date
15 October 2020
Procedural Posture
Criminal / Trial and Verdict
Outcome
Not guilty by reason of mental illness
Legal Topics
['murder' 'defence of Mental Illness']
['criminal Law'] ['murder' 'defence of Mental Illness']

Case Brief

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Procedural Posture

Criminal / Trial and Verdict

Legal Issues

  1. 1 ['Whether the accused was not guilty of murder by reason of mental illness according to s 38 of the Mental Health (Forensic Provisions) Act 1990 (NSW) and common law']

Ratio Decidendi

The accused inflicted fatal violence on his father while suffering from schizophrenia. Though he understood the nature and quality of his acts, he did not know they were wrong due to his disordered state of mind. The defence of mental illness was established such that he is not guilty by reason of mental illness.

Court Disposition

Not guilty by reason of mental illness

Orders

  • ['Pursuant to s 39 of the Mental Health (Forensic Provisions) Act 1990 (NSW), the accused is to be detained at Long Bay Hospital, or such other place as may be determined by the Mental Health Review Tribunal, until released by due process of law.']