R v Gardiner (No 1) [2011] NSWSC 239

R v Gardiner (No 1) [2011] NSWSC 239

The accused was found not guilty of murder by reason of mental illness because at the time of the act, as established by expert evidence, he did not know in the relevant sense that what he was doing was wrong.

Jurisdiction
Australia
Judgment Date
30 March 2011
Procedural Posture
Criminal / Judgment After Judge Alone Trial
Outcome
Not guilty by reason of mental illness
Legal Topics
['murder' 'defence of Mental Illness' 'judge Alone Trial']
['criminal Law' 'mental Health'] ['murder' 'defence of Mental Illness' 'judge Alone Trial']

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Procedural Posture

Criminal / Judgment After Judge Alone Trial

Legal Issues

  1. 1 ['Whether accused was not guilty of murder by reason of mental illness under s 38 of the Mental Health (Forensic Provisions) Act 1990']

Ratio Decidendi

The accused was found not guilty of murder by reason of mental illness because at the time of the act, as established by expert evidence, he did not know in the relevant sense that what he was doing was wrong.

Court Disposition

Not guilty by reason of mental illness

Orders

  • ['In accordance with s 38 of the Mental Health (Forensic Provisions) Act 1990, the accused is found not guilty of murder by reason of mental illness.' 'Accused to be detained in the custody of Corrective Services NSW pursuant to s 39 of the Act until released by due process of law.' 'Registrar to notify the Minister...