R v Warren Scott (No 2) [2021] NSWSC 1201

R v Warren Scott (No 2) [2021] NSWSC 1201

The Court found that, although the accused stabbed the deceased 31 times with intent to kill, he was suffering at the time from an abnormality of mind arising from schizophrenia and intellectual disability, and that this abnormality of mind substantially impaired his capacity to understand events, judge whether his actions were right or wrong, and control himself, independent of alcohol intoxication. The impairment was held to be so substantial as to warrant liability for murder being reduced to manslaughter. Accordingly, the accused was found not guilty of murder but guilty of manslaughter.

Parties
Prosecution: Regina (Crown); Accused: Warren Anthony Scott
Jurisdiction
Australia
Judgment Date
22 September 2021
Procedural Posture
Criminal / Trial Judgment (verdict)
Outcome
Not guilty of murder, guilty of manslaughter
Legal Topics
Murder, Manslaughter, Partial Defence, Substantial Impairment, Schizophrenia, Alcohol Dependence, Intellectual Disability
Criminal Law Murder Manslaughter Partial Defence Substantial Impairment Schizophrenia Alcohol Dependence Intellectual Disability

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 3 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Regina (Crown)

Prosecution

Warren Anthony Scott

Accused

Procedural Posture

Criminal / Trial Judgment (verdict)

Legal Issues

  1. 1 Whether the accused was guilty of murder or manslaughter in light of the partial defence of substantial impairment by abnormality of mind arising from schizophrenia and intellectual disability
  2. 2 Whether the impairment was so substantial as to reduce murder to manslaughter under s 23A Crimes Act 1900 (NSW)

Ratio Decidendi

The Court found that, although the accused stabbed the deceased 31 times with intent to kill, he was suffering at the time from an abnormality of mind arising from schizophrenia and intellectual disability, and that this abnormality of mind substantially impaired his capacity to understand events, judge whether his actions were right or wrong, and control himself, independent of alcohol intoxication. The impairment was held to be so substantial as to warrant liability for murder being reduced to manslaughter. Accordingly, the accused was found not guilty of murder but guilty of manslaughter.

Court Disposition

Not guilty of murder, guilty of manslaughter

Orders

  • Accused found not guilty of murder but guilty of manslaughter.
  • Accused is convicted of manslaughter.