REGINA v. SORRELL [2003] NSWSC 30

REGINA v. SORRELL [2003] NSWSC 30

The accused is found not guilty by reason of mental illness as the evidence establishes that at the time of the offence he was suffering from paranoid schizophrenia which deprived him of the capacity to know the wrongness of his act.

Parties
Prosecution: Regina; Accused: Sorrell, Michael Peter
Jurisdiction
Australia
Judgment Date
07 February 2003
Procedural Posture
Criminal / Judge Alone Trial, Judgment
Outcome
Not guilty by reason of mental illness
Legal Topics
Murder, Mental Illness, Special Verdict, Detention Order
Criminal Law Murder Mental Illness Special Verdict Detention Order

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 2 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Regina

Prosecution

Sorrell, Michael Peter

Accused

Procedural Posture

Criminal / Judge Alone Trial, Judgment

Legal Issues

  1. 1 Whether the accused, Michael Peter Sorrell, is criminally responsible for the murder of Michael Furlong given his mental illness at the time of the offence.

Ratio Decidendi

The accused is found not guilty by reason of mental illness as the evidence establishes that at the time of the offence he was suffering from paranoid schizophrenia which deprived him of the capacity to know the wrongness of his act.

Court Disposition

Not guilty by reason of mental illness

Orders

  • The accused is to 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 unless or until ordered to be released by due process of law.