Regina v Nguyen [2009] NSWSC 918

Regina v Nguyen [2009] NSWSC 918

The accused intentionally killed Joshua Bui and Jade Bui by asphyxiation, but did not prove on the balance of probabilities that her depressive illness made her unable to know the wrongfulness of her acts. Her letters showed distorted and unsound ideas, but not incapacity to take into account considerations of right and wrong. She did prove that her capacity to judge whether her actions were right or wrong was substantially impaired by an abnormality of mind arising from an underlying condition, warranting reduction of murder to manslaughter under s 23A of the Crimes Act 1900.

Jurisdiction
Australia
Judgment Date
10 September 2009
Procedural Posture
Criminal Trial on Indictment Charging Two Counts of Murder / Judge Alone Trial Verdict
Outcome
Accused not guilty of murder, but guilty of manslaughter on each count.
Legal Topics
['murder' 'manslaughter' 'mental Illness Defence' 'substantial Impairment by Abnormality of Mind' 'judge Alone Trial']
['criminal Law'] ['murder' 'manslaughter' 'mental Illness Defence' 'substantial Impairment by Abnormality of Mind' 'judge Alone Trial']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Trial on Indictment Charging Two Counts of Murder / Judge Alone Trial Verdict

Legal Issues

  1. 1 ['Whether the accused was not guilty of murder on the grounds of mental illness under s 38 Mental Health (Forensic Provisions) Act 1990 in the McNaughten sense.' 'Whether the accused was instead guilty of manslaughter because, at the time of the killings, she was suffering substantial impairment by abnormality of the mind under s 23A of the Crimes Act 1900.' 'Whether the accused knew that killing her children was wrong according to ordinary standards at the time of the acts.']

Ratio Decidendi

The accused intentionally killed Joshua Bui and Jade Bui by asphyxiation, but did not prove on the balance of probabilities that her depressive illness made her unable to know the wrongfulness of her acts. Her letters showed distorted and unsound ideas, but not incapacity to take into account considerations of right and wrong. She did prove that her capacity to judge whether her actions were right or wrong was substantially impaired by an abnormality of mind arising from an underlying condition, warranting reduction of murder to manslaughter under s 23A of the Crimes Act 1900.

Court Disposition

Accused not guilty of murder, but guilty of manslaughter on each count.

Orders

  • ['In respect of the death of Joshua Bui on 19 February 2008, the accused was found not guilty of murder but guilty of manslaughter.' 'In respect of the death of Jade Bui on 19 February 2008, the accused was found not guilty of murder but guilty of manslaughter.']