R v Moyano (No 2) [2016] NSWSC 1485

R v Moyano (No 2) [2016] NSWSC 1485

The evidence proved beyond reasonable doubt that Mr Moyano killed Keith Lee by repeatedly stabbing him with a knife. The psychiatric evidence established on the balance of probabilities that, at the time, Mr Moyano suffered chronic schizophrenia or a major mental illness which deprived him of the ability to know that what he was doing was wrong in the relevant moral sense. The defence of mental illness was therefore established and a special verdict of not guilty on the ground of mental illness was required. Because his ongoing illness posed considerable risks to the public and the Court could not be satisfied that release would not seriously endanger public safety, a detention order...

Jurisdiction
Australia
Judgment Date
21 October 2016
Procedural Posture
Criminal Special Hearing on Charge of Murder / Special Hearing Before a Judge Sitting Alone After the Accused Was Found Unfit to Be Tried
Outcome
Special verdict entered that Charles Robert Moyano is not guilty on the ground of mental illness; detention ordered until released by due process of law.
Legal Topics
['murder' 'special Hearing' 'defence of Mental Illness' 'not Guilty on the Ground of Mental Illness' 'detention of Forensic Patient']
['criminal Law' 'mental Health Law'] ['murder' 'special Hearing' 'defence of Mental Illness' 'not Guilty on the Ground of Mental Illness' 'detention of Forensic Patient']

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Procedural Posture

Criminal Special Hearing on Charge of Murder / Special Hearing Before a Judge Sitting Alone After the Accused Was Found Unfit to Be Tried

Legal Issues

  1. 1 ["Whether, on the limited evidence available at a special hearing, the accused committed the acts causing Keith Lee's death." 'Whether the accused established the defence of mental illness on the balance of probabilities.' 'Whether an order for detention should be made under s 39 of the Mental Health (Forensic Provisions) Act 1990 (NSW).']

Ratio Decidendi

The evidence proved beyond reasonable doubt that Mr Moyano killed Keith Lee by repeatedly stabbing him with a knife. The psychiatric evidence established on the balance of probabilities that, at the time, Mr Moyano suffered chronic schizophrenia or a major mental illness which deprived him of the ability to know that what he was doing was wrong in the relevant moral sense. The defence of mental illness was therefore established and a special verdict of not guilty on the ground of mental illness was required. Because his ongoing illness posed considerable risks to the public and the Court could not be satisfied that release would not seriously endanger public safety, a detention order...

Court Disposition

Special verdict entered that Charles Robert Moyano is not guilty on the ground of mental illness; detention ordered until released by due process of law.

Orders

  • ['Under s 38 of the Mental Health (Forensic Provisions) Act, a special verdict is entered that Charles Robert Moyano is not guilty on the ground of mental illness.' 'Under s 39 of the Mental Health (Forensic Provisions) Act, Mr Moyano is to be detained in a correctional facility or at such other place as determined...