R v Francis [2020] NSWDC 635

R v Francis [2020] NSWDC 635

Manning Francis wounded the complainant with intent to cause grievous bodily harm, but at the time was suffering from a disease of the mind causing a defect of reason and inability to appreciate the moral wrongfulness of his actions. Therefore, the defence of mental illness was established, and a special verdict of not guilty by reason of mental illness is returned.

Jurisdiction
Australia
Judgment Date
22 October 2020
Procedural Posture
Criminal / Trial Judge Alone, Special Verdict
Outcome
Special verdict - not guilty by reason of mental illness
Legal Topics
['wound With Intent' 'defence of Mental Illness' 'trial by Judge Alone' 'special Verdict']
['criminal Law' 'mental Health'] ['wound With Intent' 'defence of Mental Illness' 'trial by Judge Alone' 'special Verdict']

Case Brief

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Procedural Posture

Criminal / Trial Judge Alone, Special Verdict

Legal Issues

  1. 1 ['Whether Manning Francis is guilty of wounding with intent to cause grievous bodily harm' 'Whether the defence of mental illness applies']

Ratio Decidendi

Manning Francis wounded the complainant with intent to cause grievous bodily harm, but at the time was suffering from a disease of the mind causing a defect of reason and inability to appreciate the moral wrongfulness of his actions. Therefore, the defence of mental illness was established, and a special verdict of not guilty by reason of mental illness is returned.

Court Disposition

Special verdict - not guilty by reason of mental illness

Orders

  • ['Manning Francis is to continue to be detained in custody preferably at the Hamden Unit or Long Bay Hospital or as may be determined by the Mental Health Review Tribunal.' 'Registrar must notify the Minister for Health, the Mental Health Review Tribunal, and Justice Health as soon as reasonably practicable of the...