R v Wienand R v Wienand

20-year history of bipolar disorder20-year history of bipolar disorder Depressed and suicidal in months Depressed and suicidal in months

prior to offenceprior to offence Non-compliant with Lithium Non-compliant with Lithium Seeing GP, no psychiatric follow-upSeeing GP, no psychiatric follow-up No criminal historyNo criminal history No substance abuse historyNo substance abuse history

R v Wienand R v Wienand

Laboring under a disease of the mind in the form of bipolar affective disorder.

Severely depressed with evidence of psychosis

Believed that he had to be ‘punished by God’ and wanted to punish himself.

R v Wienand R v Wienand

Unable to think rationally and clearly about the wrongfulness of his actions in the McNaughten’s sense,

Felt morally justified in his actions as he believed he deserved to be punished

Apparent premeditation and calculation fits with his distorted thinking at the time in question

R v Wienand R v Wienand

Recommenced on medication in Recommenced on medication in MHSU, MRRCMHSU, MRRC

Referred to Bondi Community Referred to Bondi Community Mental Health Team, bail grantedMental Health Team, bail granted

Remained wellRemained well Found NGMIFound NGMI Conditional Release from CourtConditional Release from Court

Partial Defences to Partial Defences to MurderMurder SIAMSIAM ProvocationProvocation Excessive Self-defenceExcessive Self-defence

L’ennemi intimeL’ennemi intime

R v McCannR v McCann

67-year-old Caucasian male married for nearly 40 years, separating from his wife in March 2009

8 children living in his own home in Springwood, sharing

with local alcoholic studied to be a priest for 3 years worked for the Forestry Commission for 10 years property manager for the Blue Mountains

Grammar School between 1983 and 1996

R v McCannR v McCann

History of depression dating back to 2000

Required ECT Diagnosis of bipolar disorder Subsequently developed mild cognitive

impairment Non-compliant with community

treatment Springwood MHT Family concerns re behaviour

R v McCannR v McCann

Flat-mate invited friend Morgan to Flat-mate invited friend Morgan to stay, against wishes of McCannstay, against wishes of McCann

Morgan made threatening Morgan made threatening gestures, claimed to have killed gestures, claimed to have killed someone in NTsomeone in NT

Springwood Police called and Springwood Police called and removed Morganremoved Morgan

R v McCannR v McCann

Watching ‘Intimate Enemies’ at night Watching ‘Intimate Enemies’ at night in home theatrein home theatre

Curtain to the media room opened and the deceased entered the room, apparently saying “John…you didn’t expect me to come back. I’m here to kill you. Prepare to die. This is your last day on Earth.”

punched by the deceased in both eyes