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R v Wienand • 20-year history of bipolar disorder • Depressed and suicidal in months prior to offence • Non-compliant with Lithium • Seeing GP, no psychiatric follow-up • No criminal 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 • Referred to Bondi Community Mental Health Team, bail granted • Remained well • Found NGMI • Conditional Release from Court
Partial Defences to Murder • SIAM • Provocation • Excessive Self-defence
R v McCann • 67-year-old Caucasian male married for nearly 40 years, separating from his wife in March 2009 • 8 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 • Morgan made threatening gestures, claimed to have killed someone in NT • Springwood Police called and removed Morgan
R v McCann • 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