Background
Andrew Charles Smith and Mavis Stanley lived together in Bourke in a relationship marked by domestic violence and illicit drug use. Between late 26 October and the morning of 29 October 2024, Smith killed Stanley by inflicting multiple blunt-force injuries, most likely with a rod-like weapon. Her body was later found in the street outside their cottage.
The prosecution and defence jointly asked the Court to determine the murder charge under s 31 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW). Psychiatric evidence indicated that Smith had a psychotic disorder—described as schizophrenia or delusional disorder—and was severely thought-disordered and delusional around the time of the killing. Four related intimidation and property-damage charges were also before the Court on a certificate under s 166 of the Criminal Procedure Act 1986 (NSW).
The Court’s Holding
Hamill J found on the balance of probabilities that Smith was suffering from a mental health impairment when he killed Stanley. Although the psychiatric evidence indicated that he knew the nature and quality of his act, the Court found that his delusional beliefs and disordered thinking meant he could not reason with a moderate degree of sense and composure about whether the act, as perceived by reasonable people, was wrong.
The Court therefore entered the special verdict “act proven but not criminally responsible” on the murder count. Smith was ordered detained in a correctional facility or another place determined by the Mental Health Review Tribunal until released by due process of law, and he was referred to the Tribunal. The four related charges were remitted to the Local Court at Dubbo because the Supreme Court lacked power to determine them following the special verdict.
Key Takeaways
- A special verdict was entered because Smith’s mental health impairment prevented him from knowing that the killing was wrong, even though he understood the nature and quality of his act.
- The Court accepted the substantially aligned psychiatric opinions, supported by Smith’s conduct and recordings showing persistent delusions and thought disorder.
- The special verdict did not result in Smith’s release: he was ordered detained and referred to the Mental Health Review Tribunal, which will consider any future release through the statutory process.
Why It Matters
The decision illustrates the distinction under New South Wales law between proving that an accused committed a killing and establishing criminal responsibility for it. A history of domestic violence and possible substance use did not displace the Court’s finding that an independently existing psychotic disorder was active at the time and prevented Smith from appreciating that his conduct was wrong.
It also identifies a procedural limitation affecting related charges: because a special verdict is not treated as an ordinary guilty or not-guilty verdict for the relevant provisions, the Supreme Court remitted those charges to the Local Court rather than resolving them itself.