R v GJF, R v GFF, R v KHF [2002] NSWSC 737

R v GJF, R v GFF, R v KHF [2002] NSWSC 737

GFF and GJF were proved to have killed the deceased with intent to kill, and KHF was proved beyond reasonable doubt to have participated as a principal with intent that the deceased die. However, psychiatric evidence accepted by the Court established that each accused was suffering from a disease of the mind at the relevant time and lacked the capacity to appreciate the wrongfulness of the conduct or to reason about it with the requisite calmness. Each accused therefore discharged the burden of proving the defence of mental illness, requiring verdicts of not guilty by reason of mental illness and detention until release by due process of law.

Jurisdiction
Australia
Judgment Date
22 August 2002
Procedural Posture
Criminal Law Murder / Judge Alone Trial; Verdict and Consequential Detention Orders
Outcome
Each accused was found not guilty of murder by reason of mental illness and ordered to be detained until released by due process of law.
Legal Topics
['murder' 'defence of Mental Illness' 'judge Alone Trial' 'forensic Patients' 'detention Until Release by Due Process of Law']
['criminal Law' 'mental Health Law'] ['murder' 'defence of Mental Illness' 'judge Alone Trial' 'forensic Patients' 'detention Until Release by Due Process of Law']

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Procedural Posture

Criminal Law Murder / Judge Alone Trial; Verdict and Consequential Detention Orders

Legal Issues

  1. 1 ['Whether GJF and GFF killed the deceased with intent to kill and, if so, whether each was not guilty by reason of mental illness.' 'Whether KHF was guilty of murder as a principal, or alternatively as an accessory or of manslaughter, subject to the defence of mental illness.' 'Whether each accused proved on the balance of probabilities that, at the time of the killing, he or she was suffering from a disease of the mind such that he or she did not know the act was wrong or could not reason about its moral quality with a moderate degree of sense and composure.' 'What detention orders should be made after verdicts of not guilty by reason of mental illness.']

Ratio Decidendi

GFF and GJF were proved to have killed the deceased with intent to kill, and KHF was proved beyond reasonable doubt to have participated as a principal with intent that the deceased die. However, psychiatric evidence accepted by the Court established that each accused was suffering from a disease of the mind at the relevant time and lacked the capacity to appreciate the wrongfulness of the conduct or to reason about it with the requisite calmness. Each accused therefore discharged the burden of proving the defence of mental illness, requiring verdicts of not guilty by reason of mental illness and detention until release by due process of law.

Court Disposition

Each accused was found not guilty of murder by reason of mental illness and ordered to be detained until released by due process of law.

Orders

  • ['GFF is not guilty of the murder of the deceased FEF by reason of mental illness and is to be detained in the psychiatric ward at Long Bay Correctional Centre Hospital or at such other place as may be determined by the Mental Health Review Tribunal until released by due process of law.' 'GJF is not guilty of the...