Regina v Phomaranuphong [2001] NSWSC 1157

Regina v Phomaranuphong [2001] NSWSC 1157

The accused was suffering from a disease of the mind at the time of killing and was not able to reason rationally about the rightness of his act. The defence of mental illness is made out and the accused is found not guilty on grounds of mental illness.

Jurisdiction
Australia
Judgment Date
28 November 2001
Procedural Posture
Criminal / Special Hearing; Judgment
Outcome
not guilty by reason of mental illness
Legal Topics
['sentencing' 'mental Illness Defence' 'disease of the Mind' 'not Guilty by Reason of Mental Illness']
['criminal Law'] ['sentencing' 'mental Illness Defence' 'disease of the Mind' 'not Guilty by Reason of Mental Illness']

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Procedural Posture

Criminal / Special Hearing; Judgment

Legal Issues

  1. 1 ['whether accused was suffering from a disease of the mind at the time of the offence' 'whether the defence of mental illness as defined by s 38 of the Mental Health (Criminal Procedure) Act 1990 is established']

Ratio Decidendi

The accused was suffering from a disease of the mind at the time of killing and was not able to reason rationally about the rightness of his act. The defence of mental illness is made out and the accused is found not guilty on grounds of mental illness.

Court Disposition

not guilty by reason of mental illness

Orders

  • ['Cherdchai Phomaranuphong be detained at the Long Bay prison hospital, or at such other place as may from time to time be determined by the Minister for Health, until he is released by due process of law']