REGINA v. SHEW [2002] NSWSC 724

REGINA v. SHEW [2002] NSWSC 724

The evidence established beyond reasonable doubt that the accused intentionally caused the three deaths, but the unanimous psychiatric evidence established that, at the time, he suffered from chronic treatment-resistant schizophrenia causing a defect of reason so that he was not responsible according to law. Section 38 therefore required a special verdict of not guilty by reason of mental illness, and s.39 required detention until release by due process of law.

Jurisdiction
Australia
Judgment Date
15 August 2002
Procedural Posture
Criminal Trial for Three Counts of Murder With Mental Illness Defence / Trial by Judge Without a Jury; Special Verdict
Outcome
As to each charge on the indictment, the accused was found not guilty by reason of mental illness.
Legal Topics
['murder' 'mental Illness Defence' 'judge Only Trial' 'special Verdict of Not Guilty by Reason of Mental Illness' 'detention After Special Verdict']
['criminal Law' 'mental Health Criminal Procedure'] ['murder' 'mental Illness Defence' 'judge Only Trial' 'special Verdict of Not Guilty by Reason of Mental Illness' 'detention After Special Verdict']

Case Brief

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Procedural Posture

Criminal Trial for Three Counts of Murder With Mental Illness Defence / Trial by Judge Without a Jury; Special Verdict

Legal Issues

  1. 1 ['Whether the accused caused the three deaths charged and did so with an intention to kill.' 'Whether, at the time of the acts causing death, the accused was suffering from mental illness so as not to be responsible according to law.' 'What order should be made following a special verdict of not guilty by reason of mental illness.']

Ratio Decidendi

The evidence established beyond reasonable doubt that the accused intentionally caused the three deaths, but the unanimous psychiatric evidence established that, at the time, he suffered from chronic treatment-resistant schizophrenia causing a defect of reason so that he was not responsible according to law. Section 38 therefore required a special verdict of not guilty by reason of mental illness, and s.39 required detention until release by due process of law.

Court Disposition

As to each charge on the indictment, the accused was found not guilty by reason of mental illness.

Orders

  • ['The accused is to be detained at the Long Bay Prison Hospital or such other place as may, from time to time, be prescribed by the processes of law, until released by due process of law.']