Casenote - Adams by her next friend O'Grady v State of New South Wales [2008]

On 23 July 1999, a detainee of the Yasmar Youth Detention Facility stabbed her teacher in the back with a large cooking knife, killing him.  The accused was tried in a special hearing for the murder of the teacher.  The decision from this case largely clarifies the stance the Courts have taken in previous judgements and draws on the Mental Health (Criminal Procedure) Act 1990 (NSW) and sections 54 and 54A of the Civil Liability Act 2002 (NSW).   It also provides a helpful explanation of the extent of criminal responsibility attributed to an accused who is sane but is diagnosed with a mental condition. 

Daniel Best, Partner | dbest@carternewell.com and Stacey Leeke, Solicitor

January Insurance Newsletter 2009

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