Mental Illness

MENTAL ILLNESS

A mental illness defence, also referred to an insanity defence, is a full defence to all criminal offences and originates from the 1843 M’Naghten case.

The defence is enshrined in Section 38 of the Mental Health (Forensic Provisions) Act 1990 (NSW), which enables that if a person is found to have been mentally ill so as to not be responsible for the act or omission of which they are charged, the jury must return a special verdict that the accused person is not guilty by reason of mental illness.

If this special verdict is successful, the Court may still order that the person be remanded in custody and detained in such place and in such manner as the Court thinks fit until released by due process of law.