R v Murray (No 2) [2024] NSWSC 536

R v Murray (No 2) [2024] NSWSC 536

On the unanimous expert psychiatric evidence and extensive factual agreement, the accused suffered from a mental health impairment (schizophrenia or substance-induced psychosis) as defined by the Act, which caused him to not know the nature, quality, or wrongfulness of his acts; thus, although the physical elements of murder were established, the special verdict of 'act proven, but not criminally responsible' must be returned.

Parties
Crown: Rex; Accused: Graeme Leslie Murray
Jurisdiction
Australia
Judgment Date
09 May 2024
Procedural Posture
Criminal / Trial by Judge Alone; Verdict and Orders
Outcome
Special verdicts of act proven, but not criminally responsible on two counts of murder. Accused to be detained as per Mental Health Review Tribunal direction.
Legal Topics
Murder, Mental Health Impairment Defence, Act Proven But Not Criminally Responsible, Procedure for Special Verdict, Detention Orders
Criminal Law Mental Health Law Murder Mental Health Impairment Defence Act Proven But Not Criminally Responsible Procedure for Special Verdict Detention Orders

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Parties

Rex

Crown

Graeme Leslie Murray

Accused

Procedural Posture

Criminal / Trial by Judge Alone; Verdict and Orders

Legal Issues

  1. 1 Whether the accused was criminally responsible for the murders, having regard to the defence of mental health impairment.

Ratio Decidendi

On the unanimous expert psychiatric evidence and extensive factual agreement, the accused suffered from a mental health impairment (schizophrenia or substance-induced psychosis) as defined by the Act, which caused him to not know the nature, quality, or wrongfulness of his acts; thus, although the physical elements of murder were established, the special verdict of 'act proven, but not criminally responsible' must be returned.

Court Disposition

Special verdicts of act proven, but not criminally responsible on two counts of murder. Accused to be detained as per Mental Health Review Tribunal direction.

Orders

  • Mr Graeme Leslie Murray is to be detained at such place as may be determined from time to time by the Mental Health Review Tribunal.
  • The Registrar of the Supreme Court must notify the Minister for Health, as soon as reasonably practicable, of the terms of this judgment and the orders made.