R v Farrell [2003] NSWSC 300

R v Farrell [2003] NSWSC 300

The accused was found not guilty of murder by reason of mental illness, as he was, at the time of the offence, acting under such defect of reason from a disease of the mind as neither to know the nature and quality of the act nor, if he did know it, that he was doing what was wrong, thus satisfying the defence of mental illness under the M'Naghten Rules and applicable statutory provisions.

Parties
Crown: Regina; Accused: Stephen Patrick Farrell
Jurisdiction
Australia
Judgment Date
15 April 2003
Procedural Posture
Criminal / Special Hearing Pursuant to S19 of the Mental Health (criminal Procedure) Act 1990
Outcome
Not guilty by reason of mental illness
Legal Topics
Special Hearing, Murder, Defence of Mental Illness
Criminal Law Special Hearing Murder Defence of Mental Illness

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Parties

Regina

Crown

Stephen Patrick Farrell

Accused

Procedural Posture

Criminal / Special Hearing Pursuant to S19 of the Mental Health (criminal Procedure) Act 1990

Legal Issues

  1. 1 Whether the accused was not guilty of murder by reason of mental illness

Ratio Decidendi

The accused was found not guilty of murder by reason of mental illness, as he was, at the time of the offence, acting under such defect of reason from a disease of the mind as neither to know the nature and quality of the act nor, if he did know it, that he was doing what was wrong, thus satisfying the defence of mental illness under the M'Naghten Rules and applicable statutory provisions.

Court Disposition

Not guilty by reason of mental illness

Orders

  • Directed the entry of a verdict of not guilty by reason of mental illness
  • Ordered, pursuant to s39 of the Mental Health (Criminal Procedure) Act 1990, that the accused be detained in strict custody until released by due process of law