REGINA v Marlene Xenia REIS [2005] NSWSC 707

REGINA v Marlene Xenia REIS [2005] NSWSC 707

The accused suffered from a delusional disorder which deprived her of the capacity to understand that her actions (stabbing) were morally wrong at the time, therefore not guilty of murder on the ground of mental illness, and special orders for conditional release are appropriate given rehabilitation needs and physical disabilities.

Jurisdiction
Australia
Judgment Date
15 July 2005
Procedural Posture
Criminal / Special Hearing Following Finding of Unfitness to Be Tried for Murder, Verdict and Orders Under Mental Health Legislation
Outcome
Not guilty of murder on the ground of mental illness; special orders made under s 39 for conditional release from custody subject to conditions.
Legal Topics
['special Hearing' 'mental Illness Defence' 'conditional Release of Forensic Patient' 'murder']
['criminal Law' 'mental Health Law'] ['special Hearing' 'mental Illness Defence' 'conditional Release of Forensic Patient' 'murder']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Special Hearing Following Finding of Unfitness to Be Tried for Murder, Verdict and Orders Under Mental Health Legislation

Legal Issues

  1. 1 ['Whether the accused was suffering from a disease of the mind at the time of the killing such that she did not know her act was wrong' 'Whether special orders for conditional release should be made under s 39 of the Mental Health (Criminal Procedure) Act 1990']

Ratio Decidendi

The accused suffered from a delusional disorder which deprived her of the capacity to understand that her actions (stabbing) were morally wrong at the time, therefore not guilty of murder on the ground of mental illness, and special orders for conditional release are appropriate given rehabilitation needs and physical disabilities.

Court Disposition

Not guilty of murder on the ground of mental illness; special orders made under s 39 for conditional release from custody subject to conditions.

Orders

  • ['She accept Dr Michael Giuffrida (or successor) as treating psychiatrist.' 'She accept Ms Mary Morrow (or other) as case manager.' 'She reside in accommodation as approved by treating psychiatrist and case manager, initially at Bunya Unit.' 'She accept directions regarding leave from case manager while residing in...