R v Lopez [2014] NSWSC 287

R v Lopez [2014] NSWSC 287

On the balance of probabilities, supported by uncontested forensic psychiatric expert evidence, Carlos Lopez, suffering from paranoid schizophrenia, did not know his actions were wrong at the time of the killings. Accordingly, the defence of mental illness was available under s 38 of the Mental Health (Forensic Provisions) Act 1990, leading to special verdicts of not guilty by reason of mental illness for the three murder counts. For the animal cruelty charges, the expert evidence showed Lopez could not form the specific intention to inflict severe pain, so he was found not guilty of those counts.

Parties
Crown: Director of Public Prosecutions (Cth); Accused: Carlos Lopez
Jurisdiction
Australia
Judgment Date
21 March 2014
Procedural Posture
Criminal / Principal Judgment After Judge Alone Trial
Outcome
Not guilty by reason of mental illness for three murder counts; not guilty for two animal cruelty counts; detention order made.
Legal Topics
Murder, Mental Illness Defence, Animal Cruelty, Trial by Judge Alone, Specific Intention, Criminal Procedure Act 1986, Crimes Act 1900, Mental Health (forensic Provisions) Act 1990
Criminal Law Murder Mental Illness Defence Animal Cruelty Trial by Judge Alone Specific Intention Criminal Procedure Act 1986 Crimes Act 1900 +1 more

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Parties

Director of Public Prosecutions (Cth)

Crown

Carlos Lopez

Accused

Procedural Posture

Criminal / Principal Judgment After Judge Alone Trial

Legal Issues

  1. 1 Whether Carlos Lopez was not guilty of three counts of murder by reason of mental illness under s 38 of the Mental Health (Forensic Provisions) Act 1990
  2. 2 Whether Carlos Lopez was not guilty of two counts of animal cruelty under s 530 Crimes Act 1900 due to lack of specific intention to inflict severe pain because of mental illness

Ratio Decidendi

On the balance of probabilities, supported by uncontested forensic psychiatric expert evidence, Carlos Lopez, suffering from paranoid schizophrenia, did not know his actions were wrong at the time of the killings. Accordingly, the defence of mental illness was available under s 38 of the Mental Health (Forensic Provisions) Act 1990, leading to special verdicts of not guilty by reason of mental illness for the three murder counts. For the animal cruelty charges, the expert evidence showed Lopez could not form the specific intention to inflict severe pain, so he was found not guilty of those counts.

Court Disposition

Not guilty by reason of mental illness for three murder counts; not guilty for two animal cruelty counts; detention order made.

Orders

  • Carlos Lopez to be detained at the Psychiatric Ward, Long Bay Prison Hospital, or as determined by the Mental Health Review Tribunal, until released by due process of law.
  • The Registrar of the Court to notify the Minister for Health of this judgment and order.