R v Colin Maxwell FARROW (No 2) [2015] NSWSC 109

R v Colin Maxwell FARROW (No 2) [2015] NSWSC 109

The Crown proved beyond reasonable doubt that the accused deliberately stabbed Linda Stevens, causing her death, with an intention to kill or cause grievous bodily harm. Although the accused established that he had or had had a psychosis of some kind, he did not prove on the balance of probabilities that, at the time of the stabbing, the disease of mind so affected his reasoning that he did not understand the nature and quality of the act or that it was wrong by the ordinary standards of reasonable people. The Court preferred Professor Greenberg's opinion and relied on evidence of planning, cleaning the premises, concealing or destroying evidence, attempting to dispose of the body,...

Jurisdiction
Australia
Judgment Date
27 February 2015
Procedural Posture
Criminal Prosecution for Murder / Judge Alone Trial Verdict
Outcome
Accused found guilty of the murder of Linda Jane Stevens.
Legal Topics
['murder' 'trial by Judge Alone' 'defence of Mental Illness' 'burden and Standard of Proof' 'circumstantial Evidence' 'consciousness of Guilt' 'drug Induced Psychosis']
['criminal Law' 'evidence' 'mental Health Law'] ['murder' 'trial by Judge Alone' 'defence of Mental Illness' 'burden and Standard of Proof' 'circumstantial Evidence' 'consciousness of Guilt' 'drug Induced Psychosis']

Case Brief

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Procedural Posture

Criminal Prosecution for Murder / Judge Alone Trial Verdict

Legal Issues

  1. 1 ['Whether the Crown proved beyond reasonable doubt that the accused murdered Linda Stevens on 11 April 2013.' 'Whether the accused proved on the balance of probabilities that he was not guilty by reason of mental illness.' "Whether the accused's conduct before and after the killing supported or undermined the mental illness defence."]

Ratio Decidendi

The Crown proved beyond reasonable doubt that the accused deliberately stabbed Linda Stevens, causing her death, with an intention to kill or cause grievous bodily harm. Although the accused established that he had or had had a psychosis of some kind, he did not prove on the balance of probabilities that, at the time of the stabbing, the disease of mind so affected his reasoning that he did not understand the nature and quality of the act or that it was wrong by the ordinary standards of reasonable people. The Court preferred Professor Greenberg's opinion and relied on evidence of planning, cleaning the premises, concealing or destroying evidence, attempting to dispose of the body,...

Court Disposition

Accused found guilty of the murder of Linda Jane Stevens.

Orders

  • ['On the charge that on 11 April 2013 Colin Maxwell Farrow murdered Linda Stevens, the accused is found guilty.']