R v Kirkman [2019] NSWSC 1826

R v Kirkman [2019] NSWSC 1826

The Court was satisfied beyond reasonable doubt that the accused voluntarily committed acts that caused the deceased's death. On the balance of probabilities, the accused was suffering from a disease of the mind at the time of the killing, which produced a defect of reason. Although he appreciated the nature and quality of his act and had a superficial appreciation of its legal wrongfulness, he had no appreciation of its moral wrongfulness and instead believed he was doing something righteous. The special verdict of not guilty by reason of mental illness was therefore established.

Jurisdiction
Australia
Judgment Date
18 December 2019
Procedural Posture
Criminal Trial by Judge Alone on a Count of Murder / Reasons for Verdict and Orders After Special Verdict of Not Guilty by Reason of Mental Illness
Outcome
Special verdict of not guilty by reason of mental illness returned; accused ordered to be detained at a place determined by the Mental Health Review Tribunal.
Legal Topics
['murder' 'trial by Judge Alone' 'special Verdict of Not Guilty by Reason of Mental Illness' 'disease of the Mind' 'moral Wrongfulness' 'forensic Detention']
['criminal Law' 'mental Health Law' 'evidence'] ['murder' 'trial by Judge Alone' 'special Verdict of Not Guilty by Reason of Mental Illness' 'disease of the Mind' 'moral Wrongfulness' 'forensic Detention']

Case Brief

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Procedural Posture

Criminal Trial by Judge Alone on a Count of Murder / Reasons for Verdict and Orders After Special Verdict of Not Guilty by Reason of Mental Illness

Legal Issues

  1. 1 ['Whether the accused voluntarily committed acts that caused the death of Kristie Powell.' 'Whether, at the time of the killing, the accused was suffering from a disease of the mind that produced a defect of reason.' 'Whether the accused appreciated the nature and quality of his acts, or their legal or moral wrongfulness.' 'Whether any possible effect of prohibited drugs prevented the mental illness defence from being established.' 'What orders should follow from a special verdict of not guilty by reason of mental illness.']

Ratio Decidendi

The Court was satisfied beyond reasonable doubt that the accused voluntarily committed acts that caused the deceased's death. On the balance of probabilities, the accused was suffering from a disease of the mind at the time of the killing, which produced a defect of reason. Although he appreciated the nature and quality of his act and had a superficial appreciation of its legal wrongfulness, he had no appreciation of its moral wrongfulness and instead believed he was doing something righteous. The special verdict of not guilty by reason of mental illness was therefore established.

Court Disposition

Special verdict of not guilty by reason of mental illness returned; accused ordered to be detained at a place determined by the Mental Health Review Tribunal.

Orders

  • ['The accused, Bhanu Alan Kirkman, is to be detained at such place as may be determined from time to time by the Mental Health Review Tribunal.' 'The Registrar must notify the Minister for Health, as soon as reasonably practicable, of the terms of this judgment and the orders made.' 'The Registrar must notify the...