R v Briggs [2017] NSWSC 1685

R v Briggs [2017] NSWSC 1685

The Court was satisfied beyond reasonable doubt that the accused deliberately struck Vivienne Slessor with bolt cutters and caused her death. Unchallenged psychiatric evidence established that, at the time, he suffered from schizophrenia causing delusional thinking, hallucinations and impaired reasoning, so that on the balance of probabilities he did not know that what he was doing was wrong according to everyday standards of reasonable people. The defence of mental illness was therefore established and a special verdict of not guilty on the grounds of mental illness was required.

Jurisdiction
Australia
Judgment Date
06 December 2017
Procedural Posture
Criminal Trial for Murder; Judge Alone Trial / Verdict and Orders After Plea of Not Guilty
Outcome
Accused found not guilty of murder on the grounds of mental illness and ordered to be detained until released by due process of law.
Legal Topics
['murder' 'defence of Mental Illness' 'special Verdict of Not Guilty by Reason of Mental Illness' 'detention Under Mental Health (forensic Provisions) Act 1990' 'judge Alone Trial']
['criminal Law' 'mental Health Law'] ['murder' 'defence of Mental Illness' 'special Verdict of Not Guilty by Reason of Mental Illness' 'detention Under Mental Health (forensic Provisions) Act 1990' 'judge Alone Trial']

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 for Murder; Judge Alone Trial / Verdict and Orders After Plea of Not Guilty

Legal Issues

  1. 1 ['Whether the accused deliberately struck Vivienne Slessor with bolt cutters and thereby caused her death.' 'Whether the accused established on the balance of probabilities that, at the time of the act causing death, he was mentally ill so as not to be criminally responsible.' 'Whether a special verdict of not guilty by reason of mental illness should be entered and what order should be made under s 39 of the Mental Health (Forensic Provisions) Act 1990.']

Ratio Decidendi

The Court was satisfied beyond reasonable doubt that the accused deliberately struck Vivienne Slessor with bolt cutters and caused her death. Unchallenged psychiatric evidence established that, at the time, he suffered from schizophrenia causing delusional thinking, hallucinations and impaired reasoning, so that on the balance of probabilities he did not know that what he was doing was wrong according to everyday standards of reasonable people. The defence of mental illness was therefore established and a special verdict of not guilty on the grounds of mental illness was required.

Court Disposition

Accused found not guilty of murder on the grounds of mental illness and ordered to be detained until released by due process of law.

Orders

  • ['I find the accused Alex John Briggs not guilty of the murder of Vivienne Slessor on 19 August 2016 on the grounds of mental illness.' 'I order that the accused be detained pursuant to s 39 of the Mental Health (Forensic Provisions) Act 1990 in an appropriate correctional centre or in such facility as the Mental...