Regina v Joshua Francis Green [2006] NSWSC 1365

Regina v Joshua Francis Green [2006] NSWSC 1365

Although the agreed facts proved beyond reasonable doubt that the accused deliberately stabbed and killed his mother intending to kill her, the accepted psychiatric evidence of Dr Westmore and Dr Delaforce established that he suffered from schizophrenia and, because of a delusional belief that his mother would kill him unless he killed her, was unable to know that killing her was wrong. He therefore discharged the burden of proving the defence of mental illness and was not guilty by reason of mental illness.

Jurisdiction
Australia
Judgment Date
07 December 2006
Procedural Posture
Criminal Prosecution for Murder / Judge Alone Trial After Plea of Not Guilty; Special Verdict and Detention Order
Outcome
Accused found not guilty of the charge by reason of mental illness.
Legal Topics
['murder' 'defence of Mental Illness' 'schizophrenia' 'special Verdict of Not Guilty by Reason of Mental Illness' 'forensic Patient Detention' 'mental Health Review Tribunal']
['criminal Law' 'mental Health Law'] ['murder' 'defence of Mental Illness' 'schizophrenia' 'special Verdict of Not Guilty by Reason of Mental Illness' 'forensic Patient Detention' 'mental Health Review Tribunal']

Case Brief

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Procedural Posture

Criminal Prosecution for Murder / Judge Alone Trial After Plea of Not Guilty; Special Verdict and Detention Order

Legal Issues

  1. 1 ['Whether the Crown proved beyond reasonable doubt that the accused did the acts constituting murder and had the requisite state of mind.' 'Whether the accused proved on the balance of probabilities that, at the time of the killing, he was mentally ill and therefore not legally responsible.' 'Whether the accused had capacity to elect to be tried by judge alone.' 'What detention order should be made after a verdict of not guilty by reason of mental illness.']

Ratio Decidendi

Although the agreed facts proved beyond reasonable doubt that the accused deliberately stabbed and killed his mother intending to kill her, the accepted psychiatric evidence of Dr Westmore and Dr Delaforce established that he suffered from schizophrenia and, because of a delusional belief that his mother would kill him unless he killed her, was unable to know that killing her was wrong. He therefore discharged the burden of proving the defence of mental illness and was not guilty by reason of mental illness.

Court Disposition

Accused found not guilty of the charge by reason of mental illness.

Orders

  • ['The accused is to be detained at Pod 20 MRRC Silverwater or such other place as may be determined by the Mental Health Review Tribunal until released by due process of law.']