R v SP [2017] NSWSC 1579
The accused was suffering from schizophrenia or schizoaffective disorder, and was under delusional beliefs such that she was unable to reason with a moderate degree of sense and composure that her act of drowning her child was morally wrong according to community standards, thus satisfying the defence of mental illness under s 38(1) of the Mental Health (Forensic Provisions) Act 1990.
- Jurisdiction
- Australia
- Judgment Date
- 23 November 2017
- Procedural Posture
- Criminal / Judge Alone Trial
- Outcome
- Not guilty by reason of mental illness.
- Legal Topics
- ['murder' 'mental Illness Defence' 'special Verdict' 'child Killed by Mother During Psychotic Episode']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal / Judge Alone Trial
Legal Issues
- 1 ['Whether the accused was mentally ill at the time of the offence so as not to be responsible according to law for her action in drowning her child']
Ratio Decidendi
The accused was suffering from schizophrenia or schizoaffective disorder, and was under delusional beliefs such that she was unable to reason with a moderate degree of sense and composure that her act of drowning her child was morally wrong according to community standards, thus satisfying the defence of mental illness under s 38(1) of the Mental Health (Forensic Provisions) Act 1990.
Court Disposition
Not guilty by reason of mental illness.
Orders
- ['Pursuant to s 39(1) of the Mental Health (Forensic Provisions) Act, the accused is to be detained in a correctional facility, or such other place as determined by the Mental Health Review Tribunal, until released by due process of law.']
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