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Editorial Notes
Published Case Name:
Re Kenneth John McDermott
Shortened Case Name:
Re Kenneth John McDermott
MNC:
[2006] QMHC 2
Court:
QMHC
Judge(s):
Holmes J
Date:
24 May 2006
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2006] QMHC 2
24 May 2006
Defendant charged with murder; not sufficient evidence to satisfy that there was a complete loss of the capacity to know he ought not do the acts in question; the defendant’s abnormal state of mind substantially impaired his capacity to know that the attacks on his father were wrong: Holmes J.
Appeal Determined (QCA)
[2007] QCA 51 (2007) 175 A Crim R 461
23 Feb 2007
Appeal dismissed; once the finding of a state of abnormality of mind was found, the evidence established a substantial impairment of either the capacity to control actions or the capacity to know that the person ought not do the act: Williams and Jerrard JJA and Fryberg J (Fryberg J dissenting, finding that the evidence did not permit a decision that the respondent's state of abnormality of mind impaired his capacity to know that he ought not stab his father).
