R v Settree (No 2) [2016] NSWSC 1079

R v Settree (No 2) [2016] NSWSC 1079

The deliberate shootings caused the deaths of Margaret Settree and Donald Ian Settree, but the accused established on the balance of probabilities that, at the time of each killing, he suffered from paranoid schizophrenia, a disease of the mind, which produced a defect of reason through an active grievance delusion about his parents. Although he knew the nature and quality of his acts, he was unable to reason with a moderate degree of sense and composure and did not know that killing his parents was wrong according to the accepted standards of ordinary members of the community. Special verdicts of not guilty by reason of mental illness were therefore required, with detention under the...

Jurisdiction
Australia
Judgment Date
04 August 2016
Procedural Posture
Criminal Trial by Judge Alone on Murder Charges With Defence of Mental Illness; Sentencing for Firearms Offence / Principal Judgment, Special Verdicts and Sentence
Outcome
Special verdicts of not guilty by reason of mental illness were returned on both murder charges; the accused was ordered to be detained until released by due process of law; on the firearms charge he was convicted and sentenced to a fixed term of full-time imprisonment of 18 months, backdated to commence on 3...
Legal Topics
['murder' 'defence of Mental Illness' 'special Verdict of Not Guilty by Reason of Mental Illness' 'paranoid Schizophrenia' 'fitness to Plead' 'possession of Unauthorised Prohibited Firearm' 'judge Alone Trial' 'formal Admissions' 'expert Psychiatric Evidence']
['criminal Law' 'mental Health Law' 'evidence' 'sentencing' 'firearms Law'] ['murder' 'defence of Mental Illness' 'special Verdict of Not Guilty by Reason of Mental Illness' 'paranoid Schizophrenia' 'fitness to Plead' 'possession of Unauthorised Prohibited Firearm' 'judge Alone Trial' 'formal Admissions' 'expert Psychiatric Evidence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Trial by Judge Alone on Murder Charges With Defence of Mental Illness; Sentencing for Firearms Offence / Principal Judgment, Special Verdicts and Sentence

Legal Issues

  1. 1 ['Whether the shootings of Margaret Settree and Donald Ian Settree were deliberate acts of the accused.' 'Whether the accused established on the balance of probabilities the defence of mental illness to the murder charges.' 'Whether, following the special verdicts, the accused should be detained or released.' 'What sentence should be imposed for possessing an unauthorised prohibited firearm contrary to s 7(1) Firearms Act 1996 (NSW).']

Ratio Decidendi

The deliberate shootings caused the deaths of Margaret Settree and Donald Ian Settree, but the accused established on the balance of probabilities that, at the time of each killing, he suffered from paranoid schizophrenia, a disease of the mind, which produced a defect of reason through an active grievance delusion about his parents. Although he knew the nature and quality of his acts, he was unable to reason with a moderate degree of sense and composure and did not know that killing his parents was wrong according to the accepted standards of ordinary members of the community. Special verdicts of not guilty by reason of mental illness were therefore required, with detention under the...

Court Disposition

Special verdicts of not guilty by reason of mental illness were returned on both murder charges; the accused was ordered to be detained until released by due process of law; on the firearms charge he was convicted and sentenced to a fixed term of full-time imprisonment of 18 months, backdated to commence on 3...

Orders

  • ['Under s 38 Mental Health (Forensic Provisions) Act 1990 (NSW), a special verdict of not guilty of the charge of murder of Margaret Settree by reason of mental illness was returned.' 'Under s 38 Mental Health (Forensic Provisions) Act 1990 (NSW), a special verdict of not guilty of the charge of murder of Donald Ian...