Aug 22, 2026

9 min

R v Smith [2026] NSWSC 999

R v Smith [2026] NSWSC 999 concerned a section 31 hearing after Andrew Charles Smith killed his partner, Mavis Stanley, by inflicting multiple blunt-force injuries. The central issue was whether a psychotic mental health impairment rendered him not criminally responsible, despite his understanding the nature and quality of his act. Hamill J found, on the balance of probabilities, that Smith suffered from schizophrenia or a delusional or schizophrenic disorder and could not reason with moderate sense and composure about whether his conduct was wrong. The Court entered a special verdict of act proven but not criminally responsible, ordered his detention and referral to the Mental Health Review Tribunal, and remitted four related charges to the Local Court.

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