R v RISI [2022] NSWSC 862

R v RISI [2022] NSWSC 862

The Court accepted Ms Thornton's account despite the defence criticisms and was satisfied beyond reasonable doubt that the accused struck Mr Weller in the head at least once with the white electric guitar, causing fatal traumatic brain injury, and struck Ms Thornton in the leg causing actual bodily harm. On the expert psychiatric evidence of Dr Allnutt and Dr Furst and the broader evidence of the accused's mental state, the Court was satisfied on the balance of probabilities that the accused had a mental health impairment and a cognitive impairment which caused a delusional belief that Ms Thornton was in danger and needed his help, so that he did not know his acts were morally wrong. The...

Jurisdiction
Australia
Judgment Date
01 July 2022
Procedural Posture
Criminal Special Hearing for Murder and Assault Occasioning Actual Bodily Harm / Judge Alone Special Hearing After Findings That the Accused Was Unfit to Be Tried and Would Not Become Fit Within 12 Months
Outcome
Offences proven but the accused not criminally responsible for them.
Legal Topics
['murder' 'assault Occasioning Actual Bodily Harm' 'special Hearing' 'unfitness to Be Tried' 'defence of Mental Health Impairment or Cognitive Impairment' 'special Verdict of Act Proven But Not Criminally Responsible']
['criminal Law' 'mental Health and Cognitive Impairment'] ['murder' 'assault Occasioning Actual Bodily Harm' 'special Hearing' 'unfitness to Be Tried' 'defence of Mental Health Impairment or Cognitive Impairment' 'special Verdict of Act Proven But Not Criminally Responsible']

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 Special Hearing for Murder and Assault Occasioning Actual Bodily Harm / Judge Alone Special Hearing After Findings That the Accused Was Unfit to Be Tried and Would Not Become Fit Within 12 Months

Legal Issues

  1. 1 ['Whether the Crown proved beyond reasonable doubt that Michele Noel Risi committed the physical acts causing the death of Shannon Weller.' 'Whether the Crown proved beyond reasonable doubt that Michele Noel Risi assaulted Allyson Thornton occasioning actual bodily harm.' 'Whether Michele Noel Risi established on the balance of probabilities that, because of mental health impairment or cognitive impairment, he did not know that his acts were wrong.' 'Whether the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) applied to the special hearing.']

Ratio Decidendi

The Court accepted Ms Thornton's account despite the defence criticisms and was satisfied beyond reasonable doubt that the accused struck Mr Weller in the head at least once with the white electric guitar, causing fatal traumatic brain injury, and struck Ms Thornton in the leg causing actual bodily harm. On the expert psychiatric evidence of Dr Allnutt and Dr Furst and the broader evidence of the accused's mental state, the Court was satisfied on the balance of probabilities that the accused had a mental health impairment and a cognitive impairment which caused a delusional belief that Ms Thornton was in danger and needed his help, so that he did not know his acts were morally wrong. The...

Court Disposition

Offences proven but the accused not criminally responsible for them.

Orders

  • []