The State of Western Australia v Tarau

Case

[2005] WASC 290


Details
AGLC Case Decision Date
The State of Western Australia v Tarau [2005] WASC 290 [2005] WASC 290

CaseChat Overview and Summary

In the Supreme Court of Western Australia, the accused, Des Anzac Junior Tarau, was charged with attempted murder and grievous bodily harm. The accused was found to have committed an attempted murder of Debbie Grace Freeman and grievous bodily harm to Christopher Terence Morley. However, the accused pleaded not guilty on the basis of unsoundness of mind. The trial proceeded on the basis of a Statement of Material Facts without the need for witnesses. The court accepted the evidence of Dr Bryan Tanney, a consultant psychiatrist, who expressed the opinion that the accused was suffering from paranoid schizophrenia and was unable to control his actions and know that he ought not to do the acts he did because they were wrong. The court found the accused not guilty on account of unsoundness of mind on counts 1 and 3. A custody order was made under the Criminal Law (Mentally Impaired Accused) Act 1996.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Mental Impairment

  • Unsoundness of Mind

  • Deprivation of Capacity

  • Expert Evidence

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Cases Citing This Decision

28

R v Bretherton [2013] NSWSC 1036
R v Belghar [2012] NSWCCA 86
Cases Cited

2

Statutory Material Cited

0

Hawkins v The Queen [1994] HCA 28