R v Papley [2017] NSWSC 1068
The accused, Karen Papley, caused the death of Astra Papley by a deliberate act or omission within the period alleged, but at the time was suffering from chronic schizophrenia and a defect of reason so profound that she did not know her conduct was wrong according to ordinary standards. The defence of mental illness is established on the balance of probabilities, requiring a verdict of not guilty by reason of mental illness.
- Jurisdiction
- Australia
- Judgment Date
- 18 August 2017
- Procedural Posture
- Criminal / Trial (judge Alone)
- Outcome
- Not guilty by reason of mental illness
- Legal Topics
- ['murder' 'circumstantial Evidence' 'defence of Mental Illness' 'schizophrenia' 'child Homicide']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Criminal / Trial (judge Alone)
Legal Issues
- 1 ['Whether the accused murdered Astra Papley between 25 December 2000 and 25 December 2001' 'Whether the death of Astra Papley was caused by a deliberate act or omission of the accused' 'Whether the defence of mental illness is available to the accused under s 38 of the Mental Health (Forensic Provisions) Act 1990 (NSW)']
Ratio Decidendi
The accused, Karen Papley, caused the death of Astra Papley by a deliberate act or omission within the period alleged, but at the time was suffering from chronic schizophrenia and a defect of reason so profound that she did not know her conduct was wrong according to ordinary standards. The defence of mental illness is established on the balance of probabilities, requiring a verdict of not guilty by reason of mental illness.
Court Disposition
Not guilty by reason of mental illness
Orders
- []
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment