R v Delaney (No 2) [2020] NSWDC 610

R v Delaney (No 2) [2020] NSWDC 610

David Delaney was found not guilty by reason of mental illness as, while he was aware of the nature and quality of his act, he was suffering from a disease of the mind that deprived him of the capacity to appreciate the moral wrongfulness of his actions according to ordinary standards; satisfying the requirements of s 38 Mental Health (Forensic Provisions) Act 1990 and the M'Naghten rules.

Jurisdiction
Australia
Judgment Date
09 October 2020
Procedural Posture
Criminal / Special Verdict After Judge Alone Trial
Outcome
Special verdict - not guilty by reason of mental illness
Legal Topics
['wounding With Intent' 'defence of Mental Illness' 'special Verdict' 'fitness to Be Tried']
['criminal Law' 'mental Health Law'] ['wounding With Intent' 'defence of Mental Illness' 'special Verdict' 'fitness to Be Tried']

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Procedural Posture

Criminal / Special Verdict After Judge Alone Trial

Legal Issues

  1. 1 ['Whether David Delaney was not guilty by reason of mental illness at the time of the offence' 'Application of the defence of mental illness under s 38 Mental Health (Forensic Provisions) Act 1990']

Ratio Decidendi

David Delaney was found not guilty by reason of mental illness as, while he was aware of the nature and quality of his act, he was suffering from a disease of the mind that deprived him of the capacity to appreciate the moral wrongfulness of his actions according to ordinary standards; satisfying the requirements of s 38 Mental Health (Forensic Provisions) Act 1990 and the M'Naghten rules.

Court Disposition

Special verdict - not guilty by reason of mental illness

Orders

  • ['David Delaney is to continue to be detained at Long Bay Prison Hospital or at such place as may be determined from time to time by the Mental Health Review Tribunal.' 'The Registrar must notify the Minister for Health, as soon as reasonably practicable, of the terms of this judgment and the orders made by the...