Regina v Southon [2002] NSWSC 255

Regina v Southon [2002] NSWSC 255

The accused was found not guilty by reason of mental illness as established on the balance of probabilities; the evidence indicated he suffered a defect of reason such that he did not appreciate the nature and quality or wrongfulness of his act. The Crown excluded self-defence and provocation beyond reasonable doubt. Intoxication was not a relevant factor.

Parties
Prosecutor: Regina; Accused: Anthony John Southon
Jurisdiction
Australia
Judgment Date
27 March 2002
Procedural Posture
Criminal / Judgment
Outcome
not guilty by reason of mental illness
Legal Topics
Defence of Mental Illness, Self Defence, Criminal Procedure, Intoxication, Provocation
Criminal Law Defence of Mental Illness Self Defence Criminal Procedure Intoxication Provocation

Case Brief

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Parties

Regina

Prosecutor

Anthony John Southon

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused is guilty of murder or not guilty by reason of mental illness
  2. 2 Whether the defence of self-defence is available
  3. 3 Whether provocation or intoxication played any role in the accused's actions

Ratio Decidendi

The accused was found not guilty by reason of mental illness as established on the balance of probabilities; the evidence indicated he suffered a defect of reason such that he did not appreciate the nature and quality or wrongfulness of his act. The Crown excluded self-defence and provocation beyond reasonable doubt. Intoxication was not a relevant factor.

Court Disposition

not guilty by reason of mental illness

Orders

  • The accused, Mr Southon, is to be detained at Long Bay Prison Hospital and thereafter in such places as determined by law until released by due process.
  • The accused is to be periodically reviewed by the Mental Health Review Tribunal regarding the possibility of release contingent on mental health and public safety.