R v Lieu (No 2) [2018] NSWSC 486

R v Lieu (No 2) [2018] NSWSC 486

The accused, Lung Lieu, was found not guilty of murder by reason of mental illness as at the time of the offence he suffered from a chronic paranoid delusional disorder leading to a complete incapacity to reason as to what is right or wrong, satisfying the M'Naghten Rules and the requirements for a special verdict under s 38 of the Mental Health (Forensic Provisions) Act 1990 (NSW).

Jurisdiction
Australia
Judgment Date
20 April 2018
Procedural Posture
Criminal Trial (murder) / Judgment After Judge Alone Trial
Outcome
Special verdict of not guilty by reason of mental illness entered; accused to be detained as a forensic patient under the supervision of the Mental Health Review Tribunal.
Legal Topics
['murder' 'defence of Mental Illness' 'special Verdict' 'mental Health (forensic Provisions) Act 1990 (nsw)' 'standard of Proof (civil and Criminal)']
['criminal Law' 'mental Health Law'] ['murder' 'defence of Mental Illness' 'special Verdict' 'mental Health (forensic Provisions) Act 1990 (nsw)' 'standard of Proof (civil and Criminal)']

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Procedural Posture

Criminal Trial (murder) / Judgment After Judge Alone Trial

Legal Issues

  1. 1 ['Whether the accused is criminally responsible for murder given a mental illness defence' 'Whether the accused knew the wrongfulness (moral/ legal) of his actions at the time of the offence']

Ratio Decidendi

The accused, Lung Lieu, was found not guilty of murder by reason of mental illness as at the time of the offence he suffered from a chronic paranoid delusional disorder leading to a complete incapacity to reason as to what is right or wrong, satisfying the M'Naghten Rules and the requirements for a special verdict under s 38 of the Mental Health (Forensic Provisions) Act 1990 (NSW).

Court Disposition

Special verdict of not guilty by reason of mental illness entered; accused to be detained as a forensic patient under the supervision of the Mental Health Review Tribunal.

Orders

  • ['Under s 38 Mental Health (Forensic Provisions) Act 1990 (NSW), special verdict of not guilty of murder by reason of mental illness returned.' 'Under s 39 Mental Health (Forensic Provisions) Act 1990 (NSW), Lung Lieu to be detained in a correctional facility or other place as determined by the Mental Health Review...