R v ROBERTS [2007] NSWSC 1170

R v ROBERTS [2007] NSWSC 1170

Ms Roberts was found not guilty of murder by reason of mental illness because on the day of her son's death, her capacity to think rationally was temporarily suspended due to her recurrent major depressive illness, depriving her of the capacity to consider the moral or legal consequences of her actions.

Jurisdiction
Australia
Judgment Date
19 October 2007
Procedural Posture
Criminal / Trial
Outcome
Not guilty by reason of mental illness
Legal Topics
['murder' 'mental Illness Defence' 'conditional Release' 'role of Mental Health Review Tribunal']
['criminal Law' 'mental Health Law'] ['murder' 'mental Illness Defence' 'conditional Release' 'role of Mental Health Review Tribunal']

Case Brief

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Procedural Posture

Criminal / Trial

Legal Issues

  1. 1 ['Whether the accused should be acquitted of murder on the grounds of mental illness pursuant to s 38 of the Mental Health (Criminal Procedure) Act 1990' "Whether the accused's capacity was substantially impaired in accordance with s 23A of the Crimes Act 1900"]

Ratio Decidendi

Ms Roberts was found not guilty of murder by reason of mental illness because on the day of her son's death, her capacity to think rationally was temporarily suspended due to her recurrent major depressive illness, depriving her of the capacity to consider the moral or legal consequences of her actions.

Court Disposition

Not guilty by reason of mental illness

Orders

  • ['Ms Roberts conditionally released pursuant to s 39 of the Mental Health (Criminal Procedure) Act 1990, subject to conditions agreed upon by the Crown and Ms Roberts’ legal representatives; conditions to apply strictly until further order or variation by the Mental Health Review Tribunal']