Regina v Lance Vivian STEPHENS [1999] NSWSC 811

Regina v Lance Vivian STEPHENS [1999] NSWSC 811

The evidence proved beyond reasonable doubt that the accused intentionally killed his father, but the uniform psychiatric evidence established on the balance of probabilities that, because of paranoid schizophrenia and delusional thinking, he was prevented by a defect of reason from knowing that what he was doing was wrong. A special verdict of not guilty of murder by reason of mental illness was therefore appropriate, and s 39 required detention until release by due process of law rather than bail or conditional release under the Bail Act.

Jurisdiction
Australia
Judgment Date
09 July 1999
Procedural Posture
Criminal Prosecution for Murder / Judge Alone Trial Judgment and Special Verdict
Outcome
Special verdict recorded that the accused was not guilty of murder by reason of mental illness; the accused was ordered detained until released by due process of law.
Legal Topics
['murder' 'defence of Mental Illness' 'special Verdict of Not Guilty by Reason of Mental Illness' 'detention Until Release by Due Process of Law' 'availability of Bail After Special Verdict']
['criminal Law' 'mental Health Criminal Procedure' 'bail and Detention'] ['murder' 'defence of Mental Illness' 'special Verdict of Not Guilty by Reason of Mental Illness' 'detention Until Release by Due Process of Law' 'availability of Bail After Special Verdict']

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 Prosecution for Murder / Judge Alone Trial Judgment and Special Verdict

Legal Issues

  1. 1 ['Whether beyond reasonable doubt on 7 July 1997 at Yamba the accused murdered William Alfred Stephens by causing his death with the intention to kill or cause really serious bodily injury.' 'Whether the accused established on the balance of probabilities the defence of mental illness.' 'What order should be made under s 39 of the Mental Health (Criminal Procedure) Act 1990, including whether the Bail Act 1978 mechanism was available.']

Ratio Decidendi

The evidence proved beyond reasonable doubt that the accused intentionally killed his father, but the uniform psychiatric evidence established on the balance of probabilities that, because of paranoid schizophrenia and delusional thinking, he was prevented by a defect of reason from knowing that what he was doing was wrong. A special verdict of not guilty of murder by reason of mental illness was therefore appropriate, and s 39 required detention until release by due process of law rather than bail or conditional release under the Bail Act.

Court Disposition

Special verdict recorded that the accused was not guilty of murder by reason of mental illness; the accused was ordered detained until released by due process of law.

Orders

  • ['Pursuant to s 39 of the Mental Health (Criminal Procedure) Act 1990, Lance Vivian Stephens be detained at the Richmond Clinic, Lismore Base Hospital.' 'He comply with the directions of the medical staff thereof and any other medical practitioner whose services he seeks.' 'Until further order, he is there to remain...