R v Wienand

1
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

2
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.

3
R v Wienand

• Unable to think rationally and clearly about the
  wrongfulness of his actions in the McNaughtens
  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

4
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

5
Partial Defences to Murder

• SIAM
• Provocation
• Excessive Self-defence

6
Lennemi intime
7
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

8
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

9
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

10
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 Johnyou
  didnt expect me to come back. Im here to kill
  you. Prepare to die. This is your last day on
  Earth.
• punched by the deceased in both eyes