R v Fang (No. 3) [2017] NSWSC 28

R v Fang (No. 3) [2017] NSWSC 28

On the evidence, the Accused suffered only a drug-induced psychosis caused solely by voluntary ingestion of 'Ice'; there was no underlying psychiatric illness or disease of the mind. Accordingly, there was no evidence capable of supporting the defence of mental illness and it should not be left for the jury's consideration.

Jurisdiction
Australia
Judgment Date
03 February 2017
Procedural Posture
Criminal / Ruling on Whether to Leave the Defence of Mental Illness to the Jury During a Murder Trial
Outcome
Defence of mental illness not left to the jury. Accused found guilty of murder.
Legal Topics
['mental Illness Defence' 'disease of the Mind' 'drug Induced Psychosis' 'intoxication' 'murder']
['criminal Law'] ['mental Illness Defence' 'disease of the Mind' 'drug Induced Psychosis' 'intoxication' 'murder']

Case Brief

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Procedural Posture

Criminal / Ruling on Whether to Leave the Defence of Mental Illness to the Jury During a Murder Trial

Legal Issues

  1. 1 ["Whether drug-induced psychosis is a 'disease of the mind' for the purpose of the mental illness defence" "Whether defence of mental illness should be left to the jury where the accused was using 'Ice' and alleged to have suffered a drug-induced psychosis" "Application of the M'Naghten Rules and related statutory provisions to drug-induced psychosis"]

Ratio Decidendi

On the evidence, the Accused suffered only a drug-induced psychosis caused solely by voluntary ingestion of 'Ice'; there was no underlying psychiatric illness or disease of the mind. Accordingly, there was no evidence capable of supporting the defence of mental illness and it should not be left for the jury's consideration.

Court Disposition

Defence of mental illness not left to the jury. Accused found guilty of murder.

Orders

  • ['Defence of mental illness not to be left to the jury at the trial of Zhen Fang.']