R v Monley [2002] NSWSC 236

R v Monley [2002] NSWSC 236

The evidence established on the balance of probabilities that the accused was at the time of the offence suffering from a disease of the mind (schizophrenia), which deprived him of his capacity to know that he ought not to do the act or that what he was doing was wrong. Accordingly, he must be found not guilty by reason of mental illness.

Parties
Crown: Regina (NSW); Accused: Ricky Raymond Monley
Jurisdiction
Australia
Judgment Date
27 March 2002
Procedural Posture
Criminal / Trial by Judge Alone
Outcome
Not guilty by reason of mental illness
Legal Topics
Murder, Defence of Mental Illness
Criminal Law Murder Defence of Mental Illness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Regina (NSW)

Crown

Ricky Raymond Monley

Accused

Procedural Posture

Criminal / Trial by Judge Alone

Legal Issues

  1. 1 Whether the accused was mentally ill at the time of the offence and thus not criminally responsible for the murder of his mother

Ratio Decidendi

The evidence established on the balance of probabilities that the accused was at the time of the offence suffering from a disease of the mind (schizophrenia), which deprived him of his capacity to know that he ought not to do the act or that what he was doing was wrong. Accordingly, he must be found not guilty by reason of mental illness.

Court Disposition

Not guilty by reason of mental illness

Orders

  • The accused, Ricky Raymond Monley, be detained in the psychiatric ward of the hospital at Long Bay Correctional Centre or such other place as may be determined by the Mental Health Review Tribunal until released by due process of law.