R v BC [2019] NSWSC 735

Procedural Posture

Criminal Prosecution for Murder With Mental Health Defence / Judge Alone Trial Following Findings That the Accused Was Not Fit to Be Tried and Was Unlikely to Become Fit Within Twelve Months; Verdict and S 39 Orders

Legal Issues

1. 1 ['Whether the accused caused the death of Scott Anthony Dickinson by stabbing him.' 'Whether the accused was criminally responsible for the act or was mentally ill for the purposes of the mental illness defence.' 'Whether, after a finding of not guilty by reason of mental illness, the accused should be detained or released under s 39 of the Mental Health (Forensic Provisions) Act 1990.']

Ratio Decidendi

Because the accused conceded that her act caused the deceased's death and the unanimous psychiatric evidence established that, at the time of the stabbing, she suffered from chronic treatment resistant schizophrenia causing a defect of reason and an inability to reason about the wrongfulness of her actions with a moderate degree of sense and composure, the mental illness defence was established on the balance of probabilities and she was not guilty of murder by reason of mental illness.

Court Disposition

BC was found not guilty of the murder of Scott Anthony Dickinson on the grounds of mental illness and ordered to be detained until released by due process of law.

Orders

• ['I find BC not guilty of the murder of Scott Anthony Dickinson on the grounds of mental illness.' 'Pursuant to s 39 of the Mental Health (Forensic Provisions) Act 1990, I order that the accused be detained in a correctional facility or at such other place as determined by the Mental Health Review Tribunal until...