TA v R [2019] NSWCCA 145

TA v R [2019] NSWCCA 145

The cogency of the psychiatric evidence from Dr O'Dea supports a finding that, at the time of the offences, the appellant was suffering from a manic phase of bipolar affective disorder and was not able to reason with a moderate degree of composure, thus not responsible for the acts committed according to law. The special verdict of not guilty on grounds of mental illness is warranted, the four convictions quashed, and appellant detained under appropriate mental health legislation.

Jurisdiction
Australia
Judgment Date
24 May 2019
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal against conviction allowed; convictions quashed; special verdicts of not guilty entered; appellant to be detained as per s 39 Mental Health (Forensic Provisions) Act 1990 (NSW).
Legal Topics
['mental Impairment Defence' 'appeal Procedure' 'special Verdict Not Guilty']
['criminal Law' 'mental Health Law'] ['mental Impairment Defence' 'appeal Procedure' 'special Verdict Not Guilty']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ['Whether new psychiatric evidence justifies reopening the conviction' 'Whether the mental impairment defence applies to the counts convicted at first trial' 'Whether extension of time and leave to appeal should be granted']

Ratio Decidendi

The cogency of the psychiatric evidence from Dr O'Dea supports a finding that, at the time of the offences, the appellant was suffering from a manic phase of bipolar affective disorder and was not able to reason with a moderate degree of composure, thus not responsible for the acts committed according to law. The special verdict of not guilty on grounds of mental illness is warranted, the four convictions quashed, and appellant detained under appropriate mental health legislation.

Court Disposition

Appeal against conviction allowed; convictions quashed; special verdicts of not guilty entered; appellant to be detained as per s 39 Mental Health (Forensic Provisions) Act 1990 (NSW).

Orders

  • ['Time is extended to bring the appeal out of time.' 'Leave to appeal against conviction granted.' 'Appeal against conviction allowed.' 'The four convictions entered on 14 September 2016 (three counts of aggravated sexual intercourse without consent contrary to s 61J(1) Crimes Act and one count of aggravated...