R v Shane GILL [2009] NSWDC 229

R v Shane GILL [2009] NSWDC 229

The complainant's evidence established beyond reasonable doubt that the accused had sexual intercourse with her without her consent. The psychiatric evidence, accepted by the court, established on the balance of probabilities that the accused suffered from a severe disease of the mind causing a defect of reason such that he did not know his actions were wrong. The proper verdict was therefore not guilty by reason of mental illness.

Jurisdiction
Australia
Judgment Date
27 August 2009
Procedural Posture
Criminal Special Hearing; Judge Alone Trial on Indictment for Sexual Intercourse Without Consent / After the Accused Was Found Unfit to Plead and Unlikely to Be Fit Within 12 Months, a Special Hearing Was Directed Under the Mental Health (forensic Provisions) Act 1990; Verdict and Release Conditions Were Determined.
Outcome
The accused was found not guilty by reason of mental illness and released subject to conditions.
Legal Topics
['sexual Assault' 'consent' 'mental Illness Defence' 'fitness to Plead' 'special Hearing' 'judge Alone Hearing' 'release Conditions' 'schizophrenia']
['criminal Law' 'mental Health and Forensic Procedure'] ['sexual Assault' 'consent' 'mental Illness Defence' 'fitness to Plead' 'special Hearing' 'judge Alone Hearing' 'release Conditions' 'schizophrenia']

Case Brief

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Procedural Posture

Criminal Special Hearing; Judge Alone Trial on Indictment for Sexual Intercourse Without Consent / After the Accused Was Found Unfit to Plead and Unlikely to Be Fit Within 12 Months, a Special Hearing Was Directed Under the Mental Health (forensic Provisions) Act 1990; Verdict and Release Conditions Were Determined.

Legal Issues

  1. 1 ['Whether the accused had sexual intercourse with the complainant without her consent.' 'Whether the accused was criminally responsible for his act or was not guilty by reason of mental illness.' 'Whether, if criminally responsible, the accused knew the complainant was not consenting or was reckless as to lack of consent.' "What conditions should apply to the accused's release after a finding of not guilty by reason of mental illness."]

Ratio Decidendi

The complainant's evidence established beyond reasonable doubt that the accused had sexual intercourse with her without her consent. The psychiatric evidence, accepted by the court, established on the balance of probabilities that the accused suffered from a severe disease of the mind causing a defect of reason such that he did not know his actions were wrong. The proper verdict was therefore not guilty by reason of mental illness.

Court Disposition

The accused was found not guilty by reason of mental illness and released subject to conditions.

Orders

  • ['The accused is found not guilty by reason of mental illness.' 'Copies of the five psychiatric reports are to be sent to the Mental Health Services Tribunal.' 'A copy of the remarks and reasons is to be forwarded to the Tribunal and to Dr Turnbull pursuant to s 39 of the Mental Health (Forensic Provisions) Act...