Quinn v R
Case
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[2018] NSWCCA 297
•14 December 2018
Details
AGLC
Case
Decision Date
Quinn v R [2018] NSWCCA 297
[2018] NSWCCA 297
14 December 2018
CaseChat Overview and Summary
In the case of Quinn v R, the appellant was convicted of murder following a trial by a judge alone in the Supreme Court of New South Wales. The appellant stabbed his ex-girlfriend, after which he stabbed himself in the chest and neck. The appellant claimed the stabbing of his ex-girlfriend was accidental and raised the defence of substantial impairment due to his Obsessive Compulsive Disorder and Borderline Personality Disorder. The Crown argued that the stabbing was intentional and that the appellant's mental health conditions did not result in a substantial impairment of his capacity to control himself.
The court was required to determine whether the trial judge erred in rejecting the appellant's evidence, whether the appellant established a substantial impairment of his capacity to control himself, and whether the sentencing judge erred in his consideration of the appellant's mental health and self-inflicted injuries. The court found that the appellant's evidence was not credible and that he failed to establish a substantial impairment of his capacity to control himself. The court also found that the sentencing judge did not err in his consideration of the appellant's mental health and self-inflicted injuries, and that the sentence was not manifestly excessive.
The appeal against conviction was dismissed, and the application for leave to appeal against sentence was allowed but the appeal was ultimately dismissed. The court found that the trial judge's determination that the appellant intended to kill his ex-girlfriend was supported by the evidence and that the sentencing judge properly considered the appellant's mental health and self-inflicted injuries in determining the sentence. The court also found that the sentencing judge did not err in his consideration of general deterrence and special circumstances. The appellant's conviction and sentence were therefore upheld.
The court was required to determine whether the trial judge erred in rejecting the appellant's evidence, whether the appellant established a substantial impairment of his capacity to control himself, and whether the sentencing judge erred in his consideration of the appellant's mental health and self-inflicted injuries. The court found that the appellant's evidence was not credible and that he failed to establish a substantial impairment of his capacity to control himself. The court also found that the sentencing judge did not err in his consideration of the appellant's mental health and self-inflicted injuries, and that the sentence was not manifestly excessive.
The appeal against conviction was dismissed, and the application for leave to appeal against sentence was allowed but the appeal was ultimately dismissed. The court found that the trial judge's determination that the appellant intended to kill his ex-girlfriend was supported by the evidence and that the sentencing judge properly considered the appellant's mental health and self-inflicted injuries in determining the sentence. The court also found that the sentencing judge did not err in his consideration of general deterrence and special circumstances. The appellant's conviction and sentence were therefore upheld.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Criminal Liability
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Mens Rea & Intention
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Unjust Enrichment
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Substantial Impairment
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Mental Health Defenses
Actions
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Citations
Quinn v R [2018] NSWCCA 297
Most Recent Citation
R v Thompson [2025] NSWCCA 133
Cases Citing This Decision
106
R v Carlino
[2025] NSWSC 480
R v Thompson
[2025] NSWSC 419
R v Hossain
[2023] NSWSC 1621
Cases Cited
51
Statutory Material Cited
5
R v Quinn (No 2)
[2016] NSWSC 1244
R v Quinn (No 3)
[2016] NSWSC 1699
R v Rogers (No 7)
[2019] NSWSC 689