R v BS [2019] NSWSC 935

R v BS [2019] NSWSC 935

The accused, at the time of the offence, was suffering from schizophrenia resulting in delusional beliefs and impaired reasoning, and was thereby deprived of the capacity to appreciate the wrongness of his actions. The defence of mental illness is made out, and the accused is found not guilty by reason of mental illness.

Parties
Crown: Regina; Defendant: BS
Jurisdiction
Australia
Judgment Date
24 July 2019
Procedural Posture
Criminal Trial / Judgment After Trial by Judge Alone
Outcome
Not guilty by reason of mental illness
Legal Topics
Mental Illness Defence, Murder
Criminal Law Mental Illness Defence Murder

Case Brief

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Parties

Regina

Crown

BS

Defendant

Procedural Posture

Criminal Trial / Judgment After Trial by Judge Alone

Legal Issues

  1. 1 Whether the accused was mentally ill at the time of the offence so as not to be responsible in law for his actions

Ratio Decidendi

The accused, at the time of the offence, was suffering from schizophrenia resulting in delusional beliefs and impaired reasoning, and was thereby deprived of the capacity to appreciate the wrongness of his actions. The defence of mental illness is made out, and the accused is found not guilty by reason of mental illness.

Court Disposition

Not guilty by reason of mental illness

Orders

  • The accused is found not guilty by reason of mental illness. Formal order to be made after consultation with parties.