Regina v Robert Joseph Saad [2002] NSWSC 146

Regina v Robert Joseph Saad [2002] NSWSC 146

The accused was mentally ill at the time of committing the offence, demonstrated by delusions and psychotic disorder, and was therefore not legally responsible for his actions in accordance with section 38 of the Mental Health (Criminal Procedure) Act 1990 (NSW).

Jurisdiction
Australia
Judgment Date
22 February 2002
Procedural Posture
Criminal / Trial, Verdict and Sentencing
Outcome
Not guilty by reason of mental illness
Legal Topics
['murder' 'mental Illness Defence' 'special Verdict' 'forensic Patient Detention']
['criminal Law' 'mental Health Law'] ['murder' 'mental Illness Defence' 'special Verdict' 'forensic Patient Detention']

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, Verdict and Sentencing

Legal Issues

  1. 1 ['Whether the accused is guilty of murder.' 'Whether the accused was mentally ill at the time of the offence and not responsible according to law for his actions.' 'Appropriate orders under Mental Health (Criminal Procedure) Act 1990 (NSW) for detention.']

Ratio Decidendi

The accused was mentally ill at the time of committing the offence, demonstrated by delusions and psychotic disorder, and was therefore not legally responsible for his actions in accordance with section 38 of the Mental Health (Criminal Procedure) Act 1990 (NSW).

Court Disposition

Not guilty by reason of mental illness

Orders

  • ['The accused, having been found not guilty by reason of mental illness, is to be detained in the psychiatric ward of the hospital at Long Bay Correctional Centre, or such other place as should be determined by the Mental Health Review Tribunal until released by due process of law.']