Regina v RS [2011] NSWSC 830

Regina v RS [2011] NSWSC 830

Unchallenged expert evidence established that the accused suffered from paranoid schizophrenia, a disease of the mind depriving him of the capacity to know he ought not to commit the act; therefore, he is not guilty of murder by reason of mental illness.

Parties
Crown: Regina; Accused: RS
Jurisdiction
Australia
Judgment Date
05 August 2011
Procedural Posture
Criminal / Principal Judgment – Verdict and Orders
Outcome
Not guilty by reason of mental illness
Legal Topics
Murder, Mental Illness Defence, Forensic Detention
Criminal Law Mental Health Law Murder Mental Illness Defence Forensic Detention

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Parties

Regina

Crown

RS

Accused

Procedural Posture

Criminal / Principal Judgment – Verdict and Orders

Legal Issues

  1. 1 Whether the accused is guilty of murder or not guilty by reason of mental illness

Ratio Decidendi

Unchallenged expert evidence established that the accused suffered from paranoid schizophrenia, a disease of the mind depriving him of the capacity to know he ought not to commit the act; therefore, he is not guilty of murder by reason of mental illness.

Court Disposition

Not guilty by reason of mental illness

Orders

  • The accused is ordered to be detained in the psychiatric ward of the hospital at Long Bay Correctional Centre or such other place as may be determined by the Mental Health Review Tribunal until released by due process of law.