REGINA v Elizabeth Anne BURDIS [1999] NSWSC 614

REGINA v Elizabeth Anne BURDIS [1999] NSWSC 614

On the balance of probabilities, the accused was mentally ill within the meaning of section 38 at the time of each offence and therefore not criminally responsible; a special verdict of not guilty by reason of mental illness must be returned on all counts.

Jurisdiction
Australia
Judgment Date
23 June 1999
Procedural Posture
Criminal / Trial Verdict and Orders
Outcome
Not guilty by reason of mental illness on all counts; detained as a forensic patient
Legal Topics
['murder' 'attempted Murder' 'wounding With Intent' 'malicious Wounding' 'defence of Mental Illness' 'trial by Judge Alone']
['criminal Law' 'mental Health Law'] ['murder' 'attempted Murder' 'wounding With Intent' 'malicious Wounding' 'defence of Mental Illness' 'trial by Judge Alone']

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Procedural Posture

Criminal / Trial Verdict and Orders

Legal Issues

  1. 1 ['Whether the accused was not criminally responsible for her actions by reason of mental illness under section 38 of the Mental Health (Criminal Procedure) Act 1990 (NSW)']

Ratio Decidendi

On the balance of probabilities, the accused was mentally ill within the meaning of section 38 at the time of each offence and therefore not criminally responsible; a special verdict of not guilty by reason of mental illness must be returned on all counts.

Court Disposition

Not guilty by reason of mental illness on all counts; detained as a forensic patient

Orders

  • ['Special verdict of not guilty by reason of mental illness on each count' 'Order that the accused be detained at the Bunya Unit of the Cumberland Hospital as a forensic patient until released by due process of law']