R v Delaney (No 2) [2020] NSWDC 610

District Court New South Wales

Medium Neutral Citation: R v Delaney (No 2) [2020] NSWDC 610 Hearing dates: 9 October 2020 Decision date: 09 October 2020 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Special verdict - not guilty by reason of mental illness. Catchwords: CRIME — Wound with intent — Defences — Mental illness CRIMINAL LAW - Trial by judge alone - wound with intent to cause grievous bodily harm- defendant alleged to have stabbed his father multiple times - Special defence of not guilty by reason of mental illness - Schizophrenia - Psychiatrists for both parties agreed that defence available - Verdict of not guilty by reason of mental illness MENTAL HEALTH — Criminal proceedings — Defence of mental illness — Special verdict of not guilty by reason of mental illness Legislation Cited: Criminal Procedure Act 1986 Mental Health (Forensic Provisions) Act 1990 Cases Cited: Fang v R [2018] NSWCCA 210; (2018) 97 NSWLR 876 Hawkins v R (1994) 179 CLR 500 M'Naghten's Case, Re (1843) 8 ER 718 R v Delaney [2020] NSWDC 609 R v Issa, NSWSC, unreported 25/10/1995 R v Kirkman [2019] NSWSC 1826 R v Minani (2005) 63 NSWLR 490; [2005] NSWCCA 226 Ryan v R (1967) 121 CLR 205 Sodeman v The Queen (1936) 55 CLR 192 Stapleton v The Queen (1952) 86 CLR 358 The Queen v Lucas (1970) 120 CLR 171 The Queen v Porter (1933) 55 CLR 182 Category: Principal judgment Parties: David Delaney (the accused) Director of Public Prosecutions Representation: Counsel: Mr S Fraser, Public Defender (for the accused) Mr R Taylor, Solicitor Advocate (for Director of Public Prosecutions)