R v Goodridge [2012] NSWSC 378

R v Goodridge [2012] NSWSC 378

The evidence established beyond reasonable doubt that the accused deliberately inflicted the vaginal and rectal injuries that caused Ms George to bleed to death, intending to cause her grievous bodily harm, and that the acts were not done in self-defence. The accused did not prove on the balance of probabilities that his relevant capacities were substantially impaired by an abnormality of mind arising from an underlying condition once the effects of self-induced alcohol intoxication were disregarded. In any event, the impairment would not have warranted reducing liability from murder to manslaughter given the violent, savage and degrading nature of the acts and the accused's admissions...

Jurisdiction
Australia
Judgment Date
20 April 2012
Procedural Posture
Criminal Murder Special Hearing / Special Hearing After Finding That the Accused Was Unfit to Be Tried
Outcome
The Court found that on the limited evidence available the accused did commit the offence of murder charged.
Legal Topics
['murder' 'special Hearing' 'unfitness to Be Tried' 'partial Defence of Substantial Impairment by Abnormality of Mind' 'self Induced Intoxication' 'waiver of Rules of Evidence']
['criminal Law' 'mental Health and Forensic Procedure' 'evidence'] ['murder' 'special Hearing' 'unfitness to Be Tried' 'partial Defence of Substantial Impairment by Abnormality of Mind' 'self Induced Intoxication' 'waiver of Rules of Evidence']

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 Murder Special Hearing / Special Hearing After Finding That the Accused Was Unfit to Be Tried

Legal Issues

  1. 1 ['Whether the limited evidence established that the accused committed the offence of murder charged.' 'Whether the accused intended to cause grievous bodily harm to Ms George.' "Whether the accused's acts were carried out in self-defence." 'Whether the partial defence of substantial impairment by abnormality of mind under s 23A of the Crimes Act 1900 was made out, disregarding self-induced intoxication.' 'Whether any impairment was so substantial as to warrant liability for murder being reduced to manslaughter.']

Ratio Decidendi

The evidence established beyond reasonable doubt that the accused deliberately inflicted the vaginal and rectal injuries that caused Ms George to bleed to death, intending to cause her grievous bodily harm, and that the acts were not done in self-defence. The accused did not prove on the balance of probabilities that his relevant capacities were substantially impaired by an abnormality of mind arising from an underlying condition once the effects of self-induced alcohol intoxication were disregarded. In any event, the impairment would not have warranted reducing liability from murder to manslaughter given the violent, savage and degrading nature of the acts and the accused's admissions...

Court Disposition

The Court found that on the limited evidence available the accused did commit the offence of murder charged.

Orders

  • []