R v Drummond-Murray [2019] NSWSC 575

R v Drummond-Murray [2019] NSWSC 575

The accused was suffering from a chronic mental illness (schizophrenic/schizoaffective disorder) at the relevant times. As a result of a defect of reason from that mental illness, he was unable to know that his acts were wrong in the sense understood by reasonable people. The evidence of two psychiatrists was unchallenged and unanimous. Consequently, for each count, the accused is not criminally responsible and the appropriate verdict is not guilty on the ground of mental illness.

Parties
Crown: Regina; Accused: Matthew Drummond-Murray
Jurisdiction
Australia
Judgment Date
16 May 2019
Procedural Posture
Criminal / Special Hearing (verdict and Orders)
Outcome
Special verdicts of not guilty on the ground of mental illness for all counts. Orders for detention and notification under the Mental Health (Forensic Provisions) Act 1990 (NSW).
Legal Topics
Murder, Grievous Bodily Harm With Intent to Murder, Assaulting Police Officer in Execution of Duty, Stealing, Mental Illness Defence, Unfitness to Be Tried, Causation in Homicide
Criminal Law Mental Health Law Murder Grievous Bodily Harm With Intent to Murder Assaulting Police Officer in Execution of Duty Stealing Mental Illness Defence Unfitness to Be Tried +1 more

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Parties

Regina

Crown

Matthew Drummond-Murray

Accused

Procedural Posture

Criminal / Special Hearing (verdict and Orders)

Legal Issues

  1. 1 Whether the accused is guilty of murder, grievous bodily harm with intent to murder, assaulting a police officer in execution of duty, and stealing
  2. 2 Whether the accused was suffering from mental illness rendering him not criminally responsible under the Mental Health (Forensic Provisions) Act 1990 (NSW)
  3. 3 Whether the injury inflicted was a substantial or significant cause of death (causation)

Ratio Decidendi

The accused was suffering from a chronic mental illness (schizophrenic/schizoaffective disorder) at the relevant times. As a result of a defect of reason from that mental illness, he was unable to know that his acts were wrong in the sense understood by reasonable people. The evidence of two psychiatrists was unchallenged and unanimous. Consequently, for each count, the accused is not criminally responsible and the appropriate verdict is not guilty on the ground of mental illness.

Court Disposition

Special verdicts of not guilty on the ground of mental illness for all counts. Orders for detention and notification under the Mental Health (Forensic Provisions) Act 1990 (NSW).

Orders

  • In respect of count 1, a special verdict that the accused is not guilty on the ground of mental illness is returned.
  • In respect of count 2, a special verdict that the accused is not guilty on the ground of mental illness is returned.