R v Tarantello [2011] NSWSC 383

R v Tarantello [2011] NSWSC 383

On the balance of probabilities, the evidence (primarily psychiatric reports) established that at the time of the offence, the accused suffered from chronic treatment-resistant schizophrenia, and, although knowing the quality and nature of his acts, did not know that what he was doing was wrong. Thus, the special verdict of not guilty by reason of mental illness was returned under the Mental Health (Forensic Provisions) Act 1990.

Parties
Crown: Regina; Accused: Giuseppe Tarantello
Jurisdiction
Australia
Judgment Date
06 May 2011
Procedural Posture
Criminal / Special Hearing (judge Alone) on Charge of Murder and Defence of Mental Illness
Outcome
Not guilty by reason of mental illness; detention ordered
Legal Topics
Murder, Mental Illness Defence, Unfitness to Be Tried
Criminal Law Murder Mental Illness Defence Unfitness to Be Tried

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Parties

Regina

Crown

Giuseppe Tarantello

Accused

Procedural Posture

Criminal / Special Hearing (judge Alone) on Charge of Murder and Defence of Mental Illness

Legal Issues

  1. 1 Whether Giuseppe Tarantello is not guilty of murder by reason of mental illness under the Mental Health (Forensic Provisions) Act 1990
  2. 2 Whether the elements of murder were established beyond reasonable doubt

Ratio Decidendi

On the balance of probabilities, the evidence (primarily psychiatric reports) established that at the time of the offence, the accused suffered from chronic treatment-resistant schizophrenia, and, although knowing the quality and nature of his acts, did not know that what he was doing was wrong. Thus, the special verdict of not guilty by reason of mental illness was returned under the Mental Health (Forensic Provisions) Act 1990.

Court Disposition

Not guilty by reason of mental illness; detention ordered

Orders

  • Giuseppe Tarantello found not guilty by reason of mental illness of the murder of Frank Amore (s 22(1) of the Mental Health (Forensic Provisions) Act 1990).
  • Pursuant to s 39 of the Act, Giuseppe Tarantello to be detained in an appropriate correctional centre or facility or place as determined by the Mental Health Review Tribunal, until released by due process of law.