R v COLES [2008] NSWSC 682

R v COLES [2008] NSWSC 682

Unanimous and unchallenged psychiatric evidence establishes accused suffered from schizophrenia causing a defect of reason so as not to appreciate the wrongness of his acts at the relevant time; special verdicts of not guilty by reason of mental illness are returned for both counts.

Jurisdiction
Australia
Judgment Date
10 July 2008
Procedural Posture
Criminal Trial (trial by Judge Alone) / Delivery of Judgment Following Trial
Outcome
Special verdicts of not guilty by reason of mental illness for both counts; accused ordered to be detained.
Legal Topics
['trial Without Jury' 'murder' 'malicious Wounding' 'mental Illness Defence' 'special Verdict']
['criminal Law'] ['trial Without Jury' 'murder' 'malicious Wounding' 'mental Illness Defence' 'special Verdict']

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Procedural Posture

Criminal Trial (trial by Judge Alone) / Delivery of Judgment Following Trial

Legal Issues

  1. 1 ['Whether the accused is guilty of murder and malicious wounding' 'Whether the accused is not guilty by reason of mental illness']

Ratio Decidendi

Unanimous and unchallenged psychiatric evidence establishes accused suffered from schizophrenia causing a defect of reason so as not to appreciate the wrongness of his acts at the relevant time; special verdicts of not guilty by reason of mental illness are returned for both counts.

Court Disposition

Special verdicts of not guilty by reason of mental illness for both counts; accused ordered to be detained.

Orders

  • ['Special verdicts of not guilty by reason of mental illness on both counts' 'Order for detention of the accused in such place and in such manner as the Court thinks fit, with notification to the Mental Health Tribunal' 'Invitation to counsel for submissions on the terms of the order']