Published 03 July 2019
Fitness to stand trial — insanity — Criminal Procedure (Mentally impaired Persons) Act 2003, ss 9, 14 & 20 — Crimes Act 1961, s 23. The defendant faced a charge of causing grievous bodily harm to her daughter. The evidence against the defendant was sufficient to establish that she committed the assault that was the basis of the charge, and that the expert witness evidence showed that she was fit to stand trial. The Court then turned to the defendant's insanity defence. Based on the reports from two psychiatrists, the Crown had already conceded that the defendant was not guilty on the grounds of insanity. This left only one matter for the Court to determine: whether the defendant was insane within the meaning of s 23 of the Crimes Act. Having considered the expert witness evidence, the Court also concluded that not guilty on the grounds of insanity was the appropriate verdict. The Court then called for submissions from counsel on the best method of dealing with the defendant. Judgment Date: 22 June 2018. * * * Note: names have been changed to comply with legal requirements. * * *
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