The State of Western Australia v Daly

Case

[2019] WASC 386

29 OCTOBER 2019


Details
AGLC Case Decision Date
The State of Western Australia v Daly [2019] WASC 386 [2019] WASC 386 29 OCTOBER 2019

CaseChat Overview and Summary

In the case of The State of Western Australia v Daly, the defendant, Ben William Cedric Daly, was charged with the murder of Ian Michael Baz-Bosch. The incident occurred on 19 November 2016, when Daly stabbed Baz-Bosch at a bus stop in Coolbellup, Western Australia. The court had to determine whether Daly was mentally impaired at the time of the incident, and whether his intoxication played a role in his actions.

The court was required to decide whether Daly was suffering from a mental disorder that impaired his ability to control his actions, or whether he lacked the capacity to know that he should not have done the act. The court also had to consider whether Daly's voluntary intoxication at the time of the incident affected his ability to form the necessary intent for murder.

The court found that Daly was not suffering from any mental disorder that impaired his ability to control his actions, or that affected his capacity to know that he should not have done the act. The court held that Daly was voluntarily intoxicated at the time of the incident, but that his intoxication did not affect his ability to form the necessary intent for murder. The court found Daly guilty of murder.

The court ordered that Daly be detained at the Governor's pleasure, with a non-parole period of 20 years. The court also ordered that Daly be subject to a mental health treatment order, to ensure that he receives appropriate treatment for his mental health issues.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Mens Rea & Intention

  • Insanity

  • Voluntary Intoxication

  • Murder

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Cases Citing This Decision

18

Cases Cited

12

Statutory Material Cited

4

Ward v The Queen [2000] WASCA 413
Hawkins v The Queen [1994] HCA 28