Scandal Cy Walsh not guilty of murdering Phil Walsh due to mental incompetence

[marty36]

You can't know that.

No, which is why I said he might have become mentally insane without them but unlikely!

I do know he was pretty damn normal throughout high school but something cahnged him afterwards!

 

[The 747]

No, which is why I said he might have become mentally insane without them but unlikely!

I do know he was pretty damn normal throughout high school but something cahnged him afterwards!

Mental illness often comes on in early adulthood. But whether ice causes it to come on or smoking ice was a symptom who knows? (Talking generally not about Cy Walsh)

No doubt ice does not help though.

 

[Nicksimo]

Should get both. Mental institution until deemed mentally stable again and then prison.

 

[The 747]

Should get both. Mental institution until deemed mentally stable again and then prison.

Doesn't work like that

 

[LifeSpan-Void]

Mental illness often comes on in early adulthood. But whether ice causes it to come on or smoking ice was a symptom who knows? (Talking generally not about Cy Walsh)

No doubt ice does not help though.

Ice psychosis takes up almost half of the total patient contact in acute mental health these days, ice is almost a guaranteed way to make yourself crazy.

 

[The 747]

Ice psychosis takes up almost half of the total patient contact in acute mental health these days, ice is almost a guaranteed way to make yourself crazy.

So these are all in addition to the usual average intakes?

 

[LifeSpan-Void]

So these are all in addition to the usual average intakes?

It has become the average intake! We're seeing ice psychosis on a daily basis, and in patients admitted with suicidal ideation or attempt there is frequently a recent history of ice use or withdrawal from ice.

 

[Bomberboyokay]

Mental illness often comes on in early adulthood. But whether ice causes it to come on or smoking ice was a symptom who knows? (Talking generally not about Cy Walsh)

No doubt ice does not help though.

If you're addicted to ice long enough it permanently damages your brain.

 

[SpeciousArgument]

You could say that about any mind altering drug including weed, not that I disagree!

Or alcohol

 

[The Sultan]

I'm tipping natural progression of this thread;

Taking responsibility for your actions
Drugs
Ice epidemic
Mental health/illness
Buddy Franklin
Drugs
Leniency in sentencing
Courts, judges, lawyers
Capital punishment
Sharia law
Muslims
Extremism/terrorism
Boat policy
Tony Abbott
Europe migrant crisis
Donald Trump
Bill Clinton/Monica Lewinski

you forgot Hitler/Nazi

 

[Whit3y]

boys will be boys

we have all done a bit of ice in our time

 

[grassrootsfooty]

boys will be boys

we have all done a bit of ice in our time

Yeah Im with you, same as steroids or PEDS, should be a allowed and up to the individual, one in all in I say!

 

[Tadpole]

Found not guilty due to mental incompetence.

http://mobile.abc.net.au/news/2016-...not-guilty-due-to-mental-incompetence/7884062

Sent from my SM-G930F using Tapatalk

 

[Randomizor]

Found not guilty due to mental incompetence.

http://mobile.abc.net.au/news/2016-...not-guilty-due-to-mental-incompetence/7884062

Sent from my SM-G930F using Tapatalk

Hmmm

 

[Bomberboyokay]

Found not guilty due to mental incompetence.

http://mobile.abc.net.au/news/2016-...not-guilty-due-to-mental-incompetence/7884062

Sent from my SM-G930F using Tapatalk

"Justice Ann Bampton formally made a ruling that Cy Walsh was not guilty of murder by reason of mental incompetence.

She found the objective elements, or facts of the offending, proved.

That meant the court was satisfied Cy Walsh killed his father, but that he was not criminally responsible for his crime because of his mental state.

Under South Australian law Cy Walsh will be placed under a lifetime psychiatric supervision order.

Most of the evidence in the case remains heavily suppressed and Justice Bampton is expected to review those suppression orders later today."

 

[BORK]

Adelaide's beachside eastern suburbs

 

[SloaneysDanger]

This has ruined my day. No ****ing justice for Phil.

 

[TedDougChris]

Very, very sad situation.... The ruling makes it no better which ever way the judge rules.

 

[BORK]

This has ruined my day. No ******* justice for Phil.

I do think it is in the public interest that the suppression orders are lifted.

 

[Bomberboyokay]

Explained: How not guilty by reason of mental incompetence works

By court reporter Candice Prosser
Posted 19 Aug 2016, 10:21am

Under South Australian criminal law when a defendant is found not guilty by reason of mental incompetence it means they are not criminally responsible for their crime.

In these circumstances the court can still satisfy itself that the defendant actually committed the crime, by finding the objective elements of the crime proved.

However, the defendant's responsibility for the crime is considered to be so diminished they are not liable to be punished.

Instead, a court imposes conditions including psychiatric treatment and monitoring under a supervision order known as a licence.

This licence is made for a "limiting term" and mirrors the length of the jail sentence the defendant would otherwise have been given.

For a murder charge, which carries a mandatory head sentence of life imprisonment, the limiting term would be a lifetime psychiatric supervision order.

In less serious cases a mentally incompetent defendant can be released unconditionally.

What constitutes mental incompetence?

Under the legislation (section 269c of the Criminal Law Consolidation Act) in order to find a defendant mentally incompetent a court has to be satisfied the defendant was not able to appreciate or control their actions.

"A person is mentally incompetent to commit an offence if, at the time of the conduct alleged to give rise to the offence, the person is suffering from a mental impairment and, in consequence of the mental impairment; a) does not know the nature and quality of the conduct; or b) does not know that the conduct is wrong; or c) is unable to control the conduct."

At least three independent psychiatric reports are prepared for the court to consider these questions and, if necessary, the court can call evidence on the topic.

Even if a psychiatrist forms the opinion that a defendant knew the nature and quality of their conduct, they can still find that the defendant was unable to reason "with a moderate degree of sense and composure" about the wrongfulness of their actions.

In some circumstances a court may also determine whether a defendant is mentally fit to stand trial.

A defendant is mentally unfit to stand trial if their thought processes are so disordered or impaired that they're not able to understand the allegations or court proceedings or give rational instructions to their lawyers.

Does intoxication constitute mental impairment?

The legislation specifies that mental impairment includes a mental illness, an intellectual disability or senility, but it does not include intoxication.

Therefore intoxication by drugs or alcohol, in itself, no matter how severe or disorientating its effects, does not constitute a mental impairment.

The court must be satisfied that the defendant had a mental impairment at the time of the offence due to any of the mental impairments specified in the legislation.

If, for example, the court finds a defendant was schizophrenic and that condition was exacerbated by drug use, the defendant could still be found mentally incompetent because of the existence of the mental illness.

Mental impairment can either be caused by a long-term illness or temporary mental illness or psychosis.

What supervision conditions are imposed?

The conditions imposed on a psychiatric supervision licence can vary widely depending on the risk the person poses to the community and the treatment they require.

In the most serious cases, defendants are detained in a secure psychiatric facility, sometimes for many years or even for life.

If they reach a point in their treatment when psychiatrists believe they are ready to be released into the community, the case will come back to the court for an application to vary the licence.

In those circumstances the court will consider many factors including the defendant's mental condition, their rehabilitation, the risk they pose to themselves and others and whether there are adequate resources to treat them in the community.

Often defendants who have been detained in a secure psychiatric facility undergo carefully designed transitional release programs, beginning with short supervised excursions outside the facility.

The court also has to have regard to the wishes of the victim or victim's next of kin and can impose conditions to protect them from coming into contact with the defendant.

Conditions of a licence often include complying with treatment orders, such as taking prescribed medication, which can result in detention if breached.

A defendant who is subjected to a lifetime psychiatric supervision would be monitored indefinitely either in an institution or in the community.

http://www.abc.net.au/news/2016-08-19/not-guilty-by-reason-of-mental-incompetence-explained/7442840

 

[TheExtractorFactor]

Anyone who murders another human being without provocation is mentally incompetent I would have thought

 

[Milanista28]

Cy has come out alright in all this.

Disgusting how well we treat murderers.

If I was homeless I would murder someone.

 

[R_Grunter]

Hmmm

Post of the year.
Thank you.

 

[Donners]

This has ruined my day. No ******* justice for Phil.

What would be "justice"?

To simply lock him in prison where he cannot get adequate treatment and care for his condition, for actions committed while in such a state that he couldn't appreciate that they were wongful?

I'd have thought this was the best possible outcome from a tragic situation.

 

[the harry]

This has ruined my day. No ******* justice for Phil.

Please tell us more about your professional opinion on the ruling, the mental health of the defendant, and the circumstances surrounding the case.