R v Osmand [2019] NSWSC 326

R v Osmand [2019] NSWSC 326

The accused voluntarily and deliberately stabbed Mr Hodges, causing death. However, the expert psychiatric evidence of Professor Greenberg and Dr Nielssen, supported by substantial lay evidence of marked psychotic deterioration, established on the balance of probabilities that at the time of the stabbing the accused was suffering schizophrenia causing a defect of reason. Although he knew the nature and quality of his act and may have had some awareness of its illegality, his delusional belief that killing Mr Hodges was necessary to save others meant he could not reason about the moral wrongfulness of the act and did not know it was morally wrong according to ordinary standards of...

Jurisdiction
Australia
Judgment Date
27 March 2019
Procedural Posture
Criminal Trial for Murder / Trial by Judge Alone; Determination of Mental Illness Defence and Special Verdict
Outcome
Special verdict of not guilty of the charge of murder by reason of mental illness; accused ordered to be detained until released by due process of law.
Legal Topics
['murder' 'trial by Judge Alone' 'special Verdict of Not Guilty by Reason of Mental Illness' 'schizophrenia' "m'naghten Rules" 'moral Wrongfulness' 'detention as Forensic Patient']
['criminal Law' 'mental Health and Forensic Provisions'] ['murder' 'trial by Judge Alone' 'special Verdict of Not Guilty by Reason of Mental Illness' 'schizophrenia' "m'naghten Rules" 'moral Wrongfulness' 'detention as Forensic Patient']

Case Brief

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Procedural Posture

Criminal Trial for Murder / Trial by Judge Alone; Determination of Mental Illness Defence and Special Verdict

Legal Issues

  1. 1 ["Whether the accused's act causing Mr Hodges's death was voluntary or deliberate in the relevant legal sense." 'Whether, at the time he stabbed and killed Mr Hodges, the accused established the mental illness defence on the balance of probabilities.' 'Whether the accused did not know that what he was doing was wrong in the sense of moral wrongfulness according to ordinary standards of reasonable people.']

Ratio Decidendi

The accused voluntarily and deliberately stabbed Mr Hodges, causing death. However, the expert psychiatric evidence of Professor Greenberg and Dr Nielssen, supported by substantial lay evidence of marked psychotic deterioration, established on the balance of probabilities that at the time of the stabbing the accused was suffering schizophrenia causing a defect of reason. Although he knew the nature and quality of his act and may have had some awareness of its illegality, his delusional belief that killing Mr Hodges was necessary to save others meant he could not reason about the moral wrongfulness of the act and did not know it was morally wrong according to ordinary standards of...

Court Disposition

Special verdict of not guilty of the charge of murder by reason of mental illness; accused ordered to be detained until released by due process of law.

Orders

  • ['Under s 38 Mental Health (Forensic Provisions) Act 1990 (NSW), I return a special verdict of not guilty of the charge of murder by reason of mental illness.' 'Under s 39 of the Act Andrew John Osmand is to be detained in a correctional facility or at such other place as determined by the Mental Health Review...