REGINA v. TERAGUCHI [2002] NSWSC 529

REGINA v. TERAGUCHI [2002] NSWSC 529

The accused was found not guilty by reason of mental illness because uncontested expert psychiatric evidence established she suffered from a psychotic illness depriving her of responsibility in law for her actions at the time of the offence, requiring a special verdict pursuant to s.25 of the Mental Health (Criminal Procedure) Act 1990.

Jurisdiction
Australia
Judgment Date
13 June 2002
Procedural Posture
Criminal / Special Hearing Under Mental Health (criminal Procedure) Act 1990, Judge Alone Verdict
Outcome
not guilty by reason of mental illness
Legal Topics
['mental Illness Defence' 'fitness for Trial' 'psychiatric Custody' 'special Verdict']
['criminal Law' 'mental Health Law'] ['mental Illness Defence' 'fitness for Trial' 'psychiatric Custody' 'special Verdict']

Case Brief

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Procedural Posture

Criminal / Special Hearing Under Mental Health (criminal Procedure) Act 1990, Judge Alone Verdict

Legal Issues

  1. 1 ['Whether the accused was mentally ill at the time of the offence and not legally responsible for her actions' 'Whether the accused is unfit for trial' 'Legal consequences and procedure following a special verdict of not guilty by reason of mental illness']

Ratio Decidendi

The accused was found not guilty by reason of mental illness because uncontested expert psychiatric evidence established she suffered from a psychotic illness depriving her of responsibility in law for her actions at the time of the offence, requiring a special verdict pursuant to s.25 of the Mental Health (Criminal Procedure) Act 1990.

Court Disposition

not guilty by reason of mental illness

Orders

  • ['That the accused be detained in the Bunya Medium Secured Unit, Cumberland Hospital or such other place as may be determined by the Mental Health Review Tribunal until released by due process of law']