R v RM [2011] NSWSC 861

R v RM [2011] NSWSC 861

The expert psychiatric evidence established that the accused was suffering from a psychotic illness (schizophrenia or schizoaffective disorder) at the time of the killing and did not know, in the relevant sense, that what she was doing was wrong. Therefore, she is entitled to the defence of mental illness and must be found not guilty of murder by reason of mental illness.

Jurisdiction
Australia
Judgment Date
12 August 2011
Procedural Posture
Criminal Trial / Final Judgment Judgment After Trial by Judge Alone
Outcome
Not guilty of murder by reason of mental illness
Legal Topics
['murder' 'mental Illness Defence' 'judge Alone Trial' 'standard of Proof for Mental Illness']
['criminal Law'] ['murder' 'mental Illness Defence' 'judge Alone Trial' 'standard of Proof for Mental Illness']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Trial / Final Judgment Judgment After Trial by Judge Alone

Legal Issues

  1. 1 ["Whether the accused was mentally ill at the time of the killing so as to be not guilty by reason of mental illness under the M'Naghten test"]

Ratio Decidendi

The expert psychiatric evidence established that the accused was suffering from a psychotic illness (schizophrenia or schizoaffective disorder) at the time of the killing and did not know, in the relevant sense, that what she was doing was wrong. Therefore, she is entitled to the defence of mental illness and must be found not guilty of murder by reason of mental illness.

Court Disposition

Not guilty of murder by reason of mental illness

Orders

  • ['The accused is found not guilty of the charge of murder by reason of mental illness in accordance with s 38 of the Mental Health (Forensic Provisions) Act 1990.' 'The accused is to be detained, pursuant to s 39 of the Act, in the custody of Corrective Services NSW until released by due process of law.' 'The...