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Supreme Court 13 June 2002

REGINA v. TERAGUCHI

[2002] NSWSC 529

Homicide
CRIMINAL LAW SPECIAL HEARING ISSUE OF MENTAL ILLNESS.

Citation: [2002] NSWSC 529
Court: Supreme Court of New South Wales
Date: 13 June 2002
Judge(s): Greg James J

Background

The accused was charged with murdering a family member at Yagoona on 24 June 2001. The accused's father witnessed the stabbing and gave evidence of it. In a subsequent police interview, the accused admitted to the stabbing and stated she intended to kill, but believed she was attacking an imposter who had kidnapped and replaced her mother.

The question of the accused's fitness for trial had been raised before Justice Barr, who determined she was unfit. The Mental Health Review Tribunal then assessed her and concluded she would not be fit for trial within 12 months. In consequence of that determination, the Attorney General directed that a special hearing be held.

The special hearing proceeded before Greg James J, sitting without a jury, following an election for trial by judge alone made by the accused on legal advice and consented to by the Director of Public Prosecutions.

  • Whether the requirements of a special hearing under the Mental Health (Criminal Procedure) Act 1990 and the Criminal Procedure Act 1986 had been met.
  • Whether the accused killed the deceased named in the indictment, and with what intent.
  • Whether the defence of mental illness was established, entitling the accused to a special verdict of not guilty by reason of mental illness under s 25 of the Mental Health (Criminal Procedure) Act 1990.

Decision

The court found, beyond reasonable doubt, that the accused killed the deceased with intent to kill. This was established by the eyewitness account of the accused's father and by the accused's own admissions to police.

On the question of mental illness, three psychiatrists provided unanimous expert opinion. They each diagnosed the accused with Capgras Syndrome, described as an unusual, treatment-resistant, and dangerous variant of chronic paranoid schizophrenia. The condition had been present since at least 1997 and had resulted in multiple psychiatric admissions.

The court applied the legal test for the defence of mental illness, which requires that it be more probable than not that, at the time of the act causing death, the accused suffered a defect of reason arising from disease of the mind. That defect must have deprived the accused of either the capacity to know the nature and quality of the act, or the capacity to know that the act was wrong in the sense that a reasonable person would understand right and wrong. The court emphasised that mere excitability or impulsiveness does not satisfy this test; a disorder of understanding and reasoning is required.

The unanimous psychiatric evidence satisfied the court on the balance of probabilities that the accused met this standard. At the time of the killing, her delusional beliefs about the deceased being an imposter deprived her of the capacity to reason with a moderate degree of composure about the wrongness of her actions. Accordingly, the court returned the special verdict of not guilty by reason of mental illness under s 25 of the Act.

Orders Made

  • A special verdict of not guilty by reason of mental illness under s 25 of the Mental Health (Criminal Procedure) Act 1990.
  • The accused to be detained in the Bunya Medium Security Unit, Cumberland Hospital, or such other place as may be determined by the Mental Health Review Tribunal, until released by due process of law.

Key Takeaways

  • A special hearing under the Mental Health (Criminal Procedure) Act 1990 proceeds where an accused has been found unfit for trial and the Mental Health Review Tribunal determines she will not become fit within 12 months, prompting a direction by the Attorney General.
  • The defence of mental illness requires proof, on the balance of probabilities, of a defect of reason arising from disease of the mind, not mere impulsiveness or loss of self-control. The defect must have deprived the accused of the capacity to know the nature of the act or to know it was wrong.
  • Unanimous expert psychiatric opinion, uncontested by either party, was sufficient to satisfy the court that the mental illness defence was made out on the balance of probabilities.
  • Under s 25 of the Mental Health (Criminal Procedure) Act 1990, a special verdict of not guilty by reason of mental illness results in detention in psychiatric custody rather than release. The Mental Health Review Tribunal then supervises the accused and can only recommend release if satisfied that the safety of the accused or any member of the public would not be seriously endangered.
  • A person subject to this regime ceases to be a forensic patient only upon unconditional release, which requires a recommendation from the Tribunal, consideration by the Department of Health and the Minister, and ultimately an order by the Governor.

Legislation and Cases Referenced

Legislation:
- Mental Health (Criminal Procedure) Act 1990 (NSW), ss 19, 21, 21A, 21B, 22, 25, 37, 38, 39
- Criminal Procedure Act 1986 (NSW), ss 16, 17
- Mental Health Act 1990 (NSW)

Cases:
- Regina v Zvonaric [2001] NSWCCA 505
- Fleming v The Queen (1998) 158 ALR 379