REGINA v. NOYES [1999] NSWSC 397

REGINA v. NOYES [1999] NSWSC 397

It was established beyond reasonable doubt that the accused killed his mother with intent but, at the time, was suffering from a mental illness (paranoid schizophrenia) so as not to be responsible according to law for his actions. Therefore, a special verdict of not guilty by reason of mental illness was required under the statute.

Parties
Prosecutor: Regina; Accused: Jeffrey William Noyes
Jurisdiction
Australia
Judgment Date
27 April 1999
Procedural Posture
Criminal / Trial Judgment
Outcome
Not guilty by reason of mental illness; order for detention made under s.39 of the Mental Health (Criminal Procedure) Act 1990.
Legal Topics
Murder, Defence of Mental Illness, Special Verdict, Detention Orders
Criminal Law Mental Health Law Murder Defence of Mental Illness Special Verdict Detention Orders

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Parties

Regina

Prosecutor

Jeffrey William Noyes

Accused

Procedural Posture

Criminal / Trial Judgment

Legal Issues

  1. 1 Whether the accused, Jeffrey William Noyes, is not guilty of murder by reason of mental illness under s.38 of the Mental Health (Criminal Procedure) Act 1990.

Ratio Decidendi

It was established beyond reasonable doubt that the accused killed his mother with intent but, at the time, was suffering from a mental illness (paranoid schizophrenia) so as not to be responsible according to law for his actions. Therefore, a special verdict of not guilty by reason of mental illness was required under the statute.

Court Disposition

Not guilty by reason of mental illness; order for detention made under s.39 of the Mental Health (Criminal Procedure) Act 1990.

Orders

  • Special verdict of not guilty by reason of mental illness pursuant to s.38 of the Mental Health (Criminal Procedure) Act 1990 returned.
  • Order made under s.39 of the Mental Health (Criminal Procedure) Act 1990 detaining the accused in strict custody at A Ward of Long Bay Prison Hospital and thereafter as determined according to law until released by due process of law.