R v Kemball [2020] NSWSC 1559

R v Kemball [2020] NSWSC 1559

The accused, Peter John Kemball, is found not guilty of murder by reason of mental illness because, at the time he killed the deceased, he was suffering from a longstanding and chronic mental illness (schizophrenia or schizoaffective disorder), constituting a disease of the mind, which deprived him of the capacity to know that his actions were morally wrong. This finding is supported by unanimous uncontested psychiatric evidence and satisfies the legal requirements for the defence of mental illness under the M'Naghten rules and relevant statutory provisions.

Parties
Accused: Peter John Kemball; Crown: Regina
Jurisdiction
Australia
Judgment Date
04 November 2020
Procedural Posture
Criminal / Judge Alone Trial Verdict and Orders After Contested Defence of Mental Illness
Outcome
Not guilty by reason of mental illness; order for detention of accused as forensic patient.
Legal Topics
Murder, Defence of Mental Illness, Mental Illness as Defence, Schizophrenia, Delusions, Fit to Be Tried, Forensic Patient, Victim Impact Statements
Criminal Law Mental Health Law Murder Defence of Mental Illness Mental Illness as Defence Schizophrenia Delusions Fit to Be Tried +2 more

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Parties

Peter John Kemball

Accused

Regina

Crown

Procedural Posture

Criminal / Judge Alone Trial Verdict and Orders After Contested Defence of Mental Illness

Legal Issues

  1. 1 Whether the accused is not guilty of murder by reason of mental illness under s.38 Mental Health (Forensic Provisions) Act 1990
  2. 2 Whether the accused suffered a disease of the mind depriving him of ability to know the moral wrongness of his act

Ratio Decidendi

The accused, Peter John Kemball, is found not guilty of murder by reason of mental illness because, at the time he killed the deceased, he was suffering from a longstanding and chronic mental illness (schizophrenia or schizoaffective disorder), constituting a disease of the mind, which deprived him of the capacity to know that his actions were morally wrong. This finding is supported by unanimous uncontested psychiatric evidence and satisfies the legal requirements for the defence of mental illness under the M'Naghten rules and relevant statutory provisions.

Court Disposition

Not guilty by reason of mental illness; order for detention of accused as forensic patient.

Orders

  • In accordance with s.38 Mental Health (Forensic Provisions) Act 1990, the Accused, Peter John Kemball, is found not guilty of the charge of murder on the grounds of mental illness.
  • In accordance with s.39(1) Mental Health (Forensic Provisions) Act 1990, an order is made that Peter John Kemball be detained in a correctional facility or at such other place as may be determined from time to time by the Mental Health Review Tribunal, until released by due process of law.