R v Brewer (No. 2) [2015] NSWSC 1547

R v Brewer (No. 2) [2015] NSWSC 1547

The Court was satisfied beyond reasonable doubt that the accused voluntarily stabbed the deceased and caused his death. Accepting the evidence of Dr O'Dea and Dr Allnutt, and giving it substantially greater weight than Dr Zinatsa's brief contrary opinion, the Court found that at the time of the stabbing the accused was suffering from a schizophrenic illness, a disease of the mind, which caused a defect of reason resulting in his not knowing that what he was doing was wrong according to the everyday standards of reasonable people. The defence of mental illness was therefore established, making it unnecessary to determine self-defence or substantial impairment.

Jurisdiction
Australia
Judgment Date
23 October 2015
Procedural Posture
Criminal Trial for Murder Before a Judge Alone / Principal Judgment and Special Verdict
Outcome
Accused found not guilty of murder on the grounds of mental illness and ordered detained until released by due process of law.
Legal Topics
['murder' 'defence of Mental Illness' 'judge Alone Criminal Trial' 'duties and Responsibilities of Counsel' 'special Verdict of Not Guilty by Reason of Mental Illness']
['criminal Law' 'practice and Procedure' 'mental Health and Forensic Provisions'] ['murder' 'defence of Mental Illness' 'judge Alone Criminal Trial' 'duties and Responsibilities of Counsel' 'special Verdict of Not Guilty by Reason of Mental Illness']

Case Brief

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Procedural Posture

Criminal Trial for Murder Before a Judge Alone / Principal Judgment and Special Verdict

Legal Issues

  1. 1 ["Whether the accused's act of stabbing Visakesvaran Velupillai caused his death and was voluntary." "Whether a defence of mental illness was available notwithstanding the accused's instructions not to pursue it." 'Whether, at the time of the stabbing, the accused was suffering from a disease of the mind that caused a defect of reason so that he did not know that what he was doing was wrong.' 'Whether it was necessary to consider self-defence or substantial impairment if the defence of mental illness was established.']

Ratio Decidendi

The Court was satisfied beyond reasonable doubt that the accused voluntarily stabbed the deceased and caused his death. Accepting the evidence of Dr O'Dea and Dr Allnutt, and giving it substantially greater weight than Dr Zinatsa's brief contrary opinion, the Court found that at the time of the stabbing the accused was suffering from a schizophrenic illness, a disease of the mind, which caused a defect of reason resulting in his not knowing that what he was doing was wrong according to the everyday standards of reasonable people. The defence of mental illness was therefore established, making it unnecessary to determine self-defence or substantial impairment.

Court Disposition

Accused found not guilty of murder on the grounds of mental illness and ordered detained until released by due process of law.

Orders

  • ['I find the accused not guilty of the murder of Visakesvaran Velupillai on the grounds of mental illness.' 'I order that the accused be detained, pursuant to s. 39 of the Mental Health (Forensic Provisions) Act 1990, in an appropriate correctional centre, or in such facility as the Mental Health Review Tribunal may...