R v Stables [2014] NSWSC 697

R v Stables [2014] NSWSC 697

The accused was suffering from a psychotic episode due to epilepsy and neurofibromatosis, depriving him of the capacity to understand the wrongness of his actions. The defence of mental illness was established on the balance of probabilities in respect of both counts.

Jurisdiction
Australia
Judgment Date
30 May 2014
Procedural Posture
Murder; Reckless Wounding / Trial by Judge Alone
Outcome
Not guilty by reason of mental illness
Legal Topics
['murder' 'mental Illness Defence' 'reckless Wounding']
['criminal Law'] ['murder' 'mental Illness Defence' 'reckless Wounding']

Case Brief

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Procedural Posture

Murder; Reckless Wounding / Trial by Judge Alone

Legal Issues

  1. 1 ['Whether the accused was criminally responsible for the alleged acts due to mental illness' 'Whether the defence of mental illness has been established in respect of both counts']

Ratio Decidendi

The accused was suffering from a psychotic episode due to epilepsy and neurofibromatosis, depriving him of the capacity to understand the wrongness of his actions. The defence of mental illness was established on the balance of probabilities in respect of both counts.

Court Disposition

Not guilty by reason of mental illness

Orders

  • ['The accused, Mr Luke Stables, to be detained at Parklea Correctional Centre or such other place as directed by the Mental Health Review Tribunal until released by due process of law.']