NSW Caselaw
New South Wales Supreme Court
CITATION : R v Adam [2010] NSWSC 1162
HEARING DATE(S) : 11 and 12 October 2010
JUDGMENT DATE : 15 October 2010
JUDGMENT OF : Garling J
DECISION : Not guilty by reason of mental illness.
CATCHWORDS : CRIMINAL LAW - Indictment charging one act of murder - Trial by judge alone. - CRIMINAL LAW - Defence of mental illness - Facts agreed by Crown and the accused - Psychiatric diagnosis of chronic Schizophrenia - Whether accused mentally ill under M'Naghten Rules - Whether accused knew that what he was doing was wrong.
Criminal Procedure Act 1986 LEGISLATION CITED : Evidence Act 1995 Mental Health (Forensic Provisions) Act 1990
CATEGORY : Principal judgment
Mizzi v The Queen (1960) 105 CLR 659 Fleming v The Queen (1998) 197 CLR 25 R v Coles [2008] NSWSC 682 R v Huy Pham [2007] NSWSC 1313 CASES CITED : R v M'Naghten (1843) 8 ER 718 R v Matusevich & Thompson (1976) VR 470 R v Winningham (unreported, NSWCCA, 10 May 1995) Regina v Matheis (1958) 58 SR(NSW) Stapelton v The Queen (1952) 86 CLR 358 The King v Porter (1933) 55 CLR 182
PARTIES : Regina Suliman Nmir Adam
FILE NUMBER(S) : SC 2009/193568
COUNSEL : T. Thorpe (Crown) M. Austin (Accused)
SOLICITORS : Department of Public Prosecution (Crown) Legal Aid of NSW (Accused)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL LIST
GARLING J
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