R v ANG [2008] NSWSC 673

R v ANG [2008] NSWSC 673

At the time of the offences, the accused was suffering from severe mental illness and did not have the capacity to understand that what he was doing was wrong; therefore, he is not guilty by reason of mental illness pursuant to s 38 of the Mental Health (Criminal Procedure) Act 1990.

Jurisdiction
Australia
Judgment Date
23 May 2008
Procedural Posture
Criminal / Judgment
Outcome
Not guilty by reason of mental illness
Legal Topics
['mental Illness Defence']
['criminal Law'] ['mental Illness Defence']

Case Brief

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Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 ['Whether the accused is not guilty by reason of mental illness under s 38 of the Mental Health (Criminal Procedure) Act 1990' 'Whether the accused knew his actions were wrong at the time of the offences']

Ratio Decidendi

At the time of the offences, the accused was suffering from severe mental illness and did not have the capacity to understand that what he was doing was wrong; therefore, he is not guilty by reason of mental illness pursuant to s 38 of the Mental Health (Criminal Procedure) Act 1990.

Court Disposition

Not guilty by reason of mental illness

Orders

  • ['A special verdict of not guilty by reason of mental illness entered pursuant to s 38 of the Mental Health (Criminal Procedure) Act 1990.' 'Directions for a further hearing under s 39 of the Act.' 'Adjourned to Friday 4 July 2008 at 10am.']