Regina v Kinloch [2004] NSWSC 998

Procedural Posture

Criminal Trial on Indictment for Murder / Judge Alone Verdict and Orders

Legal Issues

1. 1 ['Whether the Crown proved beyond reasonable doubt the elements of murder, including that the accused voluntarily killed June Mary Booth by compressive pressure to her throat.' 'Whether the accused proved on the balance of probabilities that, at the time of the killing, he was labouring under a defect of reason from a disease of the mind so as not to know the nature and quality of the act or that what he was doing was wrong.' 'Whether it was necessary to consider substantial impairment by abnormality of mind if the defence of mental illness was made out.']

Ratio Decidendi

The Crown proved beyond reasonable doubt that the accused killed Mrs Booth by compressive pressure to her throat and that the act was voluntary, establishing the elements of murder in the ordinary course. However, the unanimous psychiatric evidence, supported by the history and surrounding circumstances, established on the balance of probabilities that the accused suffered chronic schizophrenia and at the time of the killing had a defect of reason from disease of the mind such that he could not reason about right and wrong with a moderate degree of sense and composure. The defence of mental illness was therefore made out, so the proper verdict was not guilty by reason of mental illness...

Court Disposition

Special verdict of not guilty by reason of mental illness.

Orders

• ['Gregory Philip Matthew Kinloch is to be detained in strict custody at Long Bay Prison Hospital or any other place that the Mental Health Review Tribunal directs until released by due process of law.']