REGINA v DOOLAN (No 2) [2010] NSWSC 194

REGINA v DOOLAN (No 2) [2010] NSWSC 194

The proved deliberate acts of placing a five week old infant face down near the bath plug hole and turning on the cold water tap so that water flowed over or around the infant's mouth and nose admitted only one rational conclusion: the accused acted with actual intention that death would result. Those acts established a state of mind beyond reckless indifference and excluded manslaughter by criminal negligence. Because the accused was mentally ill at the time of the acts causing death, the proper disposition was a special verdict of not guilty of murder by reason of mental illness and detention under s.39 of the Mental Health (Forensic Provisions) Act 1990.

Jurisdiction
Australia
Judgment Date
18 March 2010
Procedural Posture
Criminal Murder Charge; Judge Alone Trial / Further Submissions on Intention After Prior Finding and Order Under S.39 of the Mental Health (forensic Provisions) Act 1990 Were Set Aside; Special Verdict and Detention Orders Made
Outcome
Not guilty of murder by reason of mental illness; accused ordered to be detained under s.39 of the Mental Health (Forensic Provisions) Act 1990.
Legal Topics
['murder' 'intention to Kill' 'reckless Indifference to Human Life' 'manslaughter by Criminal Negligence' 'circumstantial Evidence' 'mental Illness Defence' 'special Verdict' 'judge Alone Trial']
['criminal Law' 'mental Health Law'] ['murder' 'intention to Kill' 'reckless Indifference to Human Life' 'manslaughter by Criminal Negligence' 'circumstantial Evidence' 'mental Illness Defence' 'special Verdict' 'judge Alone Trial']

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Procedural Posture

Criminal Murder Charge; Judge Alone Trial / Further Submissions on Intention After Prior Finding and Order Under S.39 of the Mental Health (forensic Provisions) Act 1990 Were Set Aside; Special Verdict and Detention Orders Made

Legal Issues

  1. 1 ['Whether the Court had jurisdiction to hear further submissions on intention after setting aside the prior finding and order under s.39 of the Mental Health (Forensic Provisions) Act 1990.' "Whether the Crown proved beyond reasonable doubt that the accused caused the infant's death by drowning." 'Whether the Crown proved beyond reasonable doubt that the accused intended to kill the infant or inflict grievous bodily harm, or alternatively whether the facts supported reckless indifference or manslaughter by criminal negligence.' 'Whether the accused was not guilty by reason of mental illness.']

Ratio Decidendi

The proved deliberate acts of placing a five week old infant face down near the bath plug hole and turning on the cold water tap so that water flowed over or around the infant's mouth and nose admitted only one rational conclusion: the accused acted with actual intention that death would result. Those acts established a state of mind beyond reckless indifference and excluded manslaughter by criminal negligence. Because the accused was mentally ill at the time of the acts causing death, the proper disposition was a special verdict of not guilty of murder by reason of mental illness and detention under s.39 of the Mental Health (Forensic Provisions) Act 1990.

Court Disposition

Not guilty of murder by reason of mental illness; accused ordered to be detained under s.39 of the Mental Health (Forensic Provisions) Act 1990.

Orders

  • ['The finding that the accused is not guilty of the charge of murder by reason of mental illness is confirmed.' 'The accused is to be detained, pursuant to s.39 of the Mental Health (Forensic Provisions) Act 1990, in an appropriate correctional centre or such facility as the Mental Health Review Tribunal may...