R v RB [2020] NSWSC 1552

R v RB [2020] NSWSC 1552

The accused voluntarily and deliberately caused Baby Q's death by taking her to the Tweed River and throwing her into the water, but on the balance of probabilities he was then suffering from schizophrenia, a disease of the mind, producing a defect of reason such that he did not know his act was wrong according to ordinary standards of reasonable people. He therefore could not be held criminally responsible, and the required verdict was not guilty by reason of mental illness.

Jurisdiction
Australia
Judgment Date
04 November 2020
Procedural Posture
Criminal Trial for Murder / Judge Alone Trial; Special Verdict and Orders
Outcome
Special verdict of not guilty by reason of mental illness returned; RB ordered to be detained until released by due process of law.
Legal Topics
['murder' 'defence of Mental Illness' 'not Guilty by Reason of Mental Illness' 'judge Alone Trial' 'forensic Detention']
['criminal Law' 'mental Health Law'] ['murder' 'defence of Mental Illness' 'not Guilty by Reason of Mental Illness' 'judge Alone Trial' 'forensic Detention']

Case Brief

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Procedural Posture

Criminal Trial for Murder / Judge Alone Trial; Special Verdict and Orders

Legal Issues

  1. 1 ['Whether the Crown proved beyond reasonable doubt that the accused voluntarily did a deliberate act causing the death of Baby Q.' 'Whether the accused established on the balance of probabilities that, because of a defect of reason from disease of the mind, he did not know that what he was doing was wrong according to ordinary standards of reasonable people.' 'Whether a special verdict of not guilty by reason of mental illness should be returned and consequential orders made.']

Ratio Decidendi

The accused voluntarily and deliberately caused Baby Q's death by taking her to the Tweed River and throwing her into the water, but on the balance of probabilities he was then suffering from schizophrenia, a disease of the mind, producing a defect of reason such that he did not know his act was wrong according to ordinary standards of reasonable people. He therefore could not be held criminally responsible, and the required verdict was not guilty by reason of mental illness.

Court Disposition

Special verdict of not guilty by reason of mental illness returned; RB ordered to be detained until released by due process of law.

Orders

  • ['Pursuant to s 38 of the Mental Health (Forensic Provisions) Act 1990 (NSW), a special verdict of not guilty by reason of mental illness is returned with respect to count 1 of the indictment of 3 August 2020.' 'Pursuant to s 39 of the Mental Health (Forensic Provisions) Act 1990 (NSW), RB is to be detained in a...