R v Wienand 20-year history of bipolar disorder 20-year history of bipolar disorder Depressed and suicidal in months prior to offence Depressed and suicidal.

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Presentation transcript:

R v Wienand 20-year history of bipolar disorder 20-year history of bipolar disorder Depressed and suicidal in months prior to offence Depressed and suicidal in months prior to offence Non-compliant with Lithium Non-compliant with Lithium Seeing GP, no psychiatric follow-up Seeing GP, no psychiatric follow-up No criminal history No criminal history No substance abuse history No substance abuse history

R v Wienand Laboring under a disease of the mind in the form of bipolar affective disorder. Severely depressed with evidence of psychosis Believed that he had to be ‘punished by God’ and wanted to punish himself.

R v Wienand Unable to think rationally and clearly about the wrongfulness of his actions in the McNaughten’s sense, Felt morally justified in his actions as he believed he deserved to be punished Apparent premeditation and calculation fits with his distorted thinking at the time in question

R v Wienand Recommenced on medication in MHSU, MRRC Recommenced on medication in MHSU, MRRC Referred to Bondi Community Mental Health Team, bail granted Referred to Bondi Community Mental Health Team, bail granted Remained well Remained well Found NGMI Found NGMI Conditional Release from Court Conditional Release from Court

Partial Defences to Murder SIAM SIAM Provocation Provocation Excessive Self-defence Excessive Self-defence

L’ennemi intime

R v McCann 67-year-old Caucasian male married for nearly 40 years, separating from his wife in March children living in his own home in Springwood, sharing with local alcoholic studied to be a priest for 3 years worked for the Forestry Commission for 10 years property manager for the Blue Mountains Grammar School between 1983 and 1996

R v McCann History of depression dating back to 2000 Required ECT Diagnosis of bipolar disorder Subsequently developed mild cognitive impairment Non-compliant with community treatment Springwood MHT Family concerns re behaviour

R v McCann Flat-mate invited friend Morgan to stay, against wishes of McCann Flat-mate invited friend Morgan to stay, against wishes of McCann Morgan made threatening gestures, claimed to have killed someone in NT Morgan made threatening gestures, claimed to have killed someone in NT Springwood Police called and removed Morgan Springwood Police called and removed Morgan

R v McCann Watching ‘Intimate Enemies’ at night in home theatre Watching ‘Intimate Enemies’ at night in home theatre Curtain to the media room opened and the deceased entered the room, apparently saying “John…you didn’t expect me to come back. I’m here to kill you. Prepare to die. This is your last day on Earth.” punched by the deceased in both eyes