R v Maissin [2009] NSWSC 203

R v Maissin [2009] NSWSC 203

The psychiatric reports of Dr Nielssen and Dr Wilcox were uniform that, at the time of the fatal stabbing, Mr Maissin was suffering from a mental illness which deprived him of the capacity to consider the moral or legal consequences of his behaviour. The Crown did not oppose entry of a special verdict. The Court was therefore satisfied under s 38 of the Mental Health (Criminal Procedure) Act 1990 that Mr Maissin was not guilty of murder by reason of mental illness and ordered detention under s 39.

Jurisdiction
Australia
Judgment Date
27 March 2009
Procedural Posture
Criminal Proceedings on a Charge of Murder / Judge Alone Trial Without a Jury; Special Verdict on Ground of Mental Illness
Outcome
Not guilty of murder by reason of mental illness; detention ordered until released by due process of law.
Legal Topics
['murder' 'mental Illness Defence' 'criminal Liability and Capacity' 'disease of the Mind, Mental Disease or Mental Infirmity' 'detention Following Special Verdict']
['criminal Law' 'mental Health and Criminal Procedure'] ['murder' 'mental Illness Defence' 'criminal Liability and Capacity' 'disease of the Mind, Mental Disease or Mental Infirmity' 'detention Following Special Verdict']

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 Proceedings on a Charge of Murder / Judge Alone Trial Without a Jury; Special Verdict on Ground of Mental Illness

Legal Issues

  1. 1 ['Whether Mr Maissin should be acquitted of murder on the ground of mental illness pursuant to s 38 of the Mental Health (Criminal Procedure) Act 1990.' 'Whether, at the time of the fatal stabbing, Mr Maissin was suffering from a mental illness that deprived him of the capacity to consider the moral or legal consequences of his behaviour.']

Ratio Decidendi

The psychiatric reports of Dr Nielssen and Dr Wilcox were uniform that, at the time of the fatal stabbing, Mr Maissin was suffering from a mental illness which deprived him of the capacity to consider the moral or legal consequences of his behaviour. The Crown did not oppose entry of a special verdict. The Court was therefore satisfied under s 38 of the Mental Health (Criminal Procedure) Act 1990 that Mr Maissin was not guilty of murder by reason of mental illness and ordered detention under s 39.

Court Disposition

Not guilty of murder by reason of mental illness; detention ordered until released by due process of law.

Orders

  • ['Mr Maissin is found not guilty of the murder of David Zidansek by reason of mental illness.' 'Mr Maissin is to be detained in accordance with s 39 of the Mental Health (Criminal Procedure) Act 1990 until released by due process of law.']