R v Hevesi-Nagy [2009] NSWSC 755

The accused suffered from a delusional disorder which, in conjunction with a pathologically enmeshed relationship with her son, substantially impaired her capacity to control herself at the time of the killing. This met the statutory requirements for a verdict of not guilty of murder but guilty of manslaughter by reason of substantial impairment under s 23A of the Crimes Act 1900.

Parties: Crown: Regina; Accused: Augusta Hevesi-Nagy
Jurisdiction: Australia
Judgment Date: 03 August 2009
Procedural Posture: Criminal Trial / Final Judgment After Trial by Judge Alone
Outcome: Not guilty of murder but guilty of manslaughter by reason of substantial impairment.
Legal Topics: Murder, Manslaughter, Substantial Impairment, Mental Illness, Criminal Responsibility, Trial by Judge Alone

Criminal Law Murder Manslaughter Substantial Impairment Mental Illness Criminal Responsibility Trial by Judge Alone

Case Brief

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Parties

Regina

Crown

Augusta Hevesi-Nagy

Accused

Procedural Posture

Criminal Trial / Final Judgment After Trial by Judge Alone

Legal Issues

1 Whether the accused should be found not guilty of murder by reason of mental illness
2 Whether the accused should be found not guilty of murder but guilty of manslaughter by reason of substantial impairment
3 Whether the mental condition of the accused at the time of the killing reduced her culpability

Ratio Decidendi

Court Disposition

Not guilty of murder but guilty of manslaughter by reason of substantial impairment.

Orders

Direct entry of judgment of manslaughter on the charge in the indictment.