Regina v Robert Etienne [2007] NSWSC 1114

Regina v Robert Etienne [2007] NSWSC 1114

The psychiatric evidence established, on the balance of probabilities, that at the time of the offence the accused was suffering from chronic paranoid schizophrenia causing a defect of reason such that he did not appreciate the moral wrongness of his actions; therefore, he is not criminally responsible by reason of mental illness and a special verdict must be returned.

Jurisdiction
Australia
Judgment Date
05 October 2007
Procedural Posture
Criminal / Judge Alone Trial
Outcome
Not guilty by reason of mental illness
Legal Topics
['murder' 'defence of Mental Illness' 'special Verdict' 'schizophrenia']
['criminal Law' 'mental Health Law'] ['murder' 'defence of Mental Illness' 'special Verdict' 'schizophrenia']

Case Brief

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Procedural Posture

Criminal / Judge Alone Trial

Legal Issues

  1. 1 ['Whether the accused, Robert John Etienne, murdered John Dennis Etienne' 'Whether the accused is not guilty by reason of mental illness']

Ratio Decidendi

The psychiatric evidence established, on the balance of probabilities, that at the time of the offence the accused was suffering from chronic paranoid schizophrenia causing a defect of reason such that he did not appreciate the moral wrongness of his actions; therefore, he is not criminally responsible by reason of mental illness and a special verdict must be returned.

Court Disposition

Not guilty by reason of mental illness

Orders

  • ['Robert John Etienne be detained in a correctional centre or such other facility as the Mental Health Review Tribunal may determine until released by due process of law.']