R v Franklin [2020] NSWSC 1134

R v Franklin [2020] NSWSC 1134

The court found, beyond reasonable doubt, that the accused, Cody Franklin, committed the physical elements of the offences (murder and two arsons). However, at the relevant time, he suffered from a schizoaffective disorder amounting to a disease of the mind, which deprived him of the capacity to appreciate the wrongfulness of his acts. Accordingly, special verdicts of not guilty by reason of mental illness were entered for all three counts.

Jurisdiction
Australia
Judgment Date
27 August 2020
Procedural Posture
Criminal Special Hearing / Final Judgment and Orders
Outcome
Not guilty on the ground of mental illness on all counts
Legal Topics
['murder' 'arson' 'mental Illness Defence' 'special Hearing' 'burden of Proof' 'circumstantial Evidence']
['criminal Law' 'mental Health Law'] ['murder' 'arson' 'mental Illness Defence' 'special Hearing' 'burden of Proof' 'circumstantial Evidence']

Case Brief

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Procedural Posture

Criminal Special Hearing / Final Judgment and Orders

Legal Issues

  1. 1 ['Whether the accused committed the physical elements of murder and arson' 'Whether the accused is not criminally liable on the ground of mental illness']

Ratio Decidendi

The court found, beyond reasonable doubt, that the accused, Cody Franklin, committed the physical elements of the offences (murder and two arsons). However, at the relevant time, he suffered from a schizoaffective disorder amounting to a disease of the mind, which deprived him of the capacity to appreciate the wrongfulness of his acts. Accordingly, special verdicts of not guilty by reason of mental illness were entered for all three counts.

Court Disposition

Not guilty on the ground of mental illness on all counts

Orders

  • ['Cody Franklin is to be detained at such place as may be determined by the Mental Health Review Tribunal.' 'The Registrar must notify the Minister for Health of the terms of the judgment and orders.' 'The Registrar must notify the Mental Health Review Tribunal and Justice Health of the judgment and orders and...