R v Hadler (No 2) [2018] NSWSC 1804

R v Hadler (No 2) [2018] NSWSC 1804

On the balance of evidence and unanimous expert psychiatric opinions, the accused was suffering from schizophrenia at the material time, resulting in a defect of reason such that he did not know his actions in killing Mr Hamilton were morally wrong. Despite understanding the nature and quality of the act and its legal wrongfulness, he was unable, due to delusional and psychotic thinking, to judge the act according to ordinary standards of moral wrongfulness, and is thus not criminally responsible by reason of mental illness.

Parties
Crown: Regina; Accused: Michael Hadler
Jurisdiction
Australia
Judgment Date
23 November 2018
Procedural Posture
Criminal / Trial
Outcome
Special verdict of not guilty by reason of mental illness returned; accused to be detained under mental health provisions until lawfully released.
Legal Topics
Murder, Defence of Mental Illness, Schizophrenia, Substantial Impairment, Illicit Drug Use and Psychosis
Criminal Law Mental Health Law Murder Defence of Mental Illness Schizophrenia Substantial Impairment Illicit Drug Use and Psychosis

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Parties

Regina

Crown

Michael Hadler

Accused

Procedural Posture

Criminal / Trial

Legal Issues

  1. 1 Whether the accused Michael Hadler is not guilty of murder by reason of mental illness under the Mental Health (Forensic Provisions) Act 1990 (NSW)
  2. 2 Whether the accused's condition met the legal test for mental illness and defect of reason under McNaghten's Case and related authorities
  3. 3 Whether substance abuse negated the defence of mental illness or was merely contributory

Ratio Decidendi

On the balance of evidence and unanimous expert psychiatric opinions, the accused was suffering from schizophrenia at the material time, resulting in a defect of reason such that he did not know his actions in killing Mr Hamilton were morally wrong. Despite understanding the nature and quality of the act and its legal wrongfulness, he was unable, due to delusional and psychotic thinking, to judge the act according to ordinary standards of moral wrongfulness, and is thus not criminally responsible by reason of mental illness.

Court Disposition

Special verdict of not guilty by reason of mental illness returned; accused to be detained under mental health provisions until lawfully released.

Orders

  • Pursuant to s 38 of the Mental Health (Forensic Provisions) Act 1990 (NSW), a special verdict of not guilty by reason of mental illness is returned with respect to the charge of murder.
  • Pursuant to s 39 of the Mental Health (Forensic Provisions) Act 1990 (NSW), Michael Hadler is to be detained in a correctional facility, or at such other place as determined by the Mental Health Review Tribunal, until released by due process of law.