Regina v Stuart Richard Snelgar [2002] NSWSC 1094

Regina v Stuart Richard Snelgar [2002] NSWSC 1094

The Court was satisfied beyond reasonable doubt that the accused struck Barbara Louise Snelgar about the head with a tomahawk, causing her death, and that he intended to kill or inflict grievous bodily harm. The Court was also satisfied on the balance of probabilities that at the time he did the act causing death he was suffering from chronic schizophrenia, a disease of the mind, which prevented him from reasoning with a moderate degree of sense and composure that striking his mother about the head with a tomahawk was wrong. The accused was therefore not guilty of murder by reason of mental illness.

Jurisdiction
Australia
Judgment Date
18 November 2002
Procedural Posture
Criminal Trial for Murder Before Judge Alone / Judgment Returning Special Verdict
Outcome
Special verdict returned: not guilty of murder by reason of mental illness.
Legal Topics
['murder' 'defence of Mental Illness' 'judge Alone Trial' 'special Verdict' 'detention Following Verdict of Not Guilty by Reason of Mental Illness']
['criminal Law' 'mental Health Law'] ['murder' 'defence of Mental Illness' 'judge Alone Trial' 'special Verdict' 'detention Following Verdict of Not Guilty by Reason of Mental Illness']

Case Brief

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Procedural Posture

Criminal Trial for Murder Before Judge Alone / Judgment Returning Special Verdict

Legal Issues

  1. 1 ['Whether the accused caused the death of Barbara Louise Snelgar with the intention required for murder.' 'Whether, at the time of the act causing death, the accused was mentally ill so as to be not guilty by reason of mental illness.' 'Whether the Court should return a special verdict and order detention under the Mental Health (Criminal Procedure) Act 1990.']

Ratio Decidendi

The Court was satisfied beyond reasonable doubt that the accused struck Barbara Louise Snelgar about the head with a tomahawk, causing her death, and that he intended to kill or inflict grievous bodily harm. The Court was also satisfied on the balance of probabilities that at the time he did the act causing death he was suffering from chronic schizophrenia, a disease of the mind, which prevented him from reasoning with a moderate degree of sense and composure that striking his mother about the head with a tomahawk was wrong. The accused was therefore not guilty of murder by reason of mental illness.

Court Disposition

Special verdict returned: not guilty of murder by reason of mental illness.

Orders

  • ['The accused is to be detained in the psychiatric ward of the Long Bay Correctional Centre or such other place as may be determined by the Mental Health Review Tribunal until released by due process of law.']