R v MD [2016] NSWSC 1286

R v MD [2016] NSWSC 1286

The accused deliberately caused the infant's death, but she proved on the balance of probabilities that at the time she was suffering from a disease of the mind, namely major depressive illness with psychotic features, which deprived her of the ability to reason with even a moderate degree of sense and composure and meant she did not know that what she was doing was wrong. A special verdict of not guilty by reason of mental illness was therefore required.

Jurisdiction
Australia
Judgment Date
14 September 2016
Procedural Posture
Criminal Prosecution for Murder / Judge Alone Trial; Special Verdict
Outcome
Not guilty by reason of mental illness
Legal Topics
['murder' 'defence of Mental Illness' 'post Partum Psychosis' 'judge Alone Trial' 'special Verdict' 'detention as Forensic Patient']
['criminal Law' 'mental Health and Forensic Provisions'] ['murder' 'defence of Mental Illness' 'post Partum Psychosis' 'judge Alone Trial' 'special Verdict' 'detention as Forensic Patient']

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Procedural Posture

Criminal Prosecution for Murder / Judge Alone Trial; Special Verdict

Legal Issues

  1. 1 ["Whether the accused's deliberate act caused the death of her 6 week old daughter." 'Whether the accused established on the balance of probabilities that, at the time of the killing, she was not responsible according to law by reason of mental illness.' 'Whether the accused should be detained after a verdict of not guilty by reason of mental illness.']

Ratio Decidendi

The accused deliberately caused the infant's death, but she proved on the balance of probabilities that at the time she was suffering from a disease of the mind, namely major depressive illness with psychotic features, which deprived her of the ability to reason with even a moderate degree of sense and composure and meant she did not know that what she was doing was wrong. A special verdict of not guilty by reason of mental illness was therefore required.

Court Disposition

Not guilty by reason of mental illness

Orders

  • ['The accused be detained pursuant to s 39(1) of the Mental Health (Forensic Provisions) Act 1990 (NSW).' 'The accused be detained at such place and in such manner as may be determined from time to time by the Mental Health Review Tribunal until she is released by due process of law.' 'The Registrar is to notify the...