REGINA v. REA [2000] NSWSC 588

REGINA v. REA [2000] NSWSC 588

On the evidence, the accused was suffering from a defect of reason caused by a disease of the mind such that he did not know the nature and quality of his act or did not know that what he was doing was wrong; therefore, he is not guilty by reason of mental illness and must be detained in strict custody according to law.

Jurisdiction
Australia
Judgment Date
28 June 2000
Procedural Posture
Criminal Trial / Judgment After Trial by Judge Alone
Outcome
Not guilty by reason of mental illness
Legal Topics
['murder' 'mental Illness Defence' 'special Verdict' 'detention Under Mental Health Legislation']
['criminal Law' 'mental Health Law'] ['murder' 'mental Illness Defence' 'special Verdict' 'detention Under Mental Health Legislation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Trial / Judgment After Trial by Judge Alone

Legal Issues

  1. 1 ['Whether the accused is guilty of murder or not guilty by reason of mental illness under the Mental Health (Criminal Procedure) Act 1990.']

Ratio Decidendi

On the evidence, the accused was suffering from a defect of reason caused by a disease of the mind such that he did not know the nature and quality of his act or did not know that what he was doing was wrong; therefore, he is not guilty by reason of mental illness and must be detained in strict custody according to law.

Court Disposition

Not guilty by reason of mental illness

Orders

  • ['The accused, Brett Rea, to be detained in strict custody at A Ward at Long Bay Detention Centre until such time as is determined according to law or until released by the processes of law.']