R v John William MILLINGTON [2008] NSWSC 813

R v John William MILLINGTON [2008] NSWSC 813

Mr Millington was suffering from chronic paranoid schizophrenia at the time of the offence which deprived him of the capacity to recognise the wrongness of his actions. Therefore, he is not criminally responsible for the murder of Hille-Heidrun Ellicott and must be found not guilty by reason of mental illness according to s 38 of the Mental Health (Criminal Procedure) Act 1990.

Jurisdiction
Australia
Judgment Date
08 August 2008
Procedural Posture
Criminal / Verdict and Reasons Following Judge Alone Trial
Outcome
Not guilty by reason of mental illness
Legal Topics
['murder' 'not Guilty by Reason of Mental Illness' 'criminal Procedure Act 1986' 'mental Health (criminal Procedure) Act 1990']
['criminal Law' 'mental Health Law'] ['murder' 'not Guilty by Reason of Mental Illness' 'criminal Procedure Act 1986' 'mental Health (criminal Procedure) Act 1990']

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Procedural Posture

Criminal / Verdict and Reasons Following Judge Alone Trial

Legal Issues

  1. 1 ['Whether Mr Millington should be acquitted of murder on the grounds of mental illness pursuant to s 38 of the Mental Health (Criminal Procedure) Act 1990']

Ratio Decidendi

Mr Millington was suffering from chronic paranoid schizophrenia at the time of the offence which deprived him of the capacity to recognise the wrongness of his actions. Therefore, he is not criminally responsible for the murder of Hille-Heidrun Ellicott and must be found not guilty by reason of mental illness according to s 38 of the Mental Health (Criminal Procedure) Act 1990.

Court Disposition

Not guilty by reason of mental illness

Orders

  • ['The accused is to be detained at Parklea Correctional Centre, or such other place as he may be detained in accordance with Part 5 Division B of the Mental Health (Criminal Procedure) Act 1990 until released by due process of law.']