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Sefan Cini Task 1 – Legal Studies 20/11/12 Sefan Cini Task 1 – Legal Studies 20/11/12 Legal Report

Hearing Date: 26 March 2010Judgment Date: 4th June 2010The Parties Involved:The CrownKathleen Worrall (Offender)| Judgment Of:Fullerton JThe Counsel:P Barrett (Crown)J Stratton SC (Offender)|

Legal citation

R v Worrall [2010] NSW SC 593

Legal Report

Hearing Date: 26 March 2010Judgment Date: 4th June 2010The Parties Involved:The CrownKathleen Worrall (Offender)| Judgment Of:Fullerton JThe Counsel:P Barrett (Crown)J Stratton SC (Offender)|

Legal citation

R v Worrall [2010] NSW SC 593

Sefan Cini Task 1 – Legal Studies 20/11/12 Sefan Cini Task 1 – Legal Studies 20/11/12 In October 2008, 20 year old Kathleen Worrall stabbed her younger sister Susan to death. She suffered more than fifty wounds. Kathleen was initially charged with the murder of her sister, which was later changed to manslaughter for which she pleaded guilty. Kathleen had a hormonal condition, congenital adrenal hyperplasia which leads to excess production of testosterone. It had been controlled with medication, but Kathleen grew self-conscious about the side-effect of significant weight gain and did not stick to her treatment regime. At the time of the death of Susan, the sisters had been fighting over things such as the use of a hair straightener and internet access. Justice Elizabeth Fullerton found her mental state compromised her perceptions and her capacity to control herself or distinguish right from wrong. Kathleen was sentenced to imprisonment for six years, including four years and three months as the non-parole period. This case is an example of a sentencing decision where the judge considered the principles listed in section 3A of the Crimes (Sentencing Procedure) Act 1999 (NSW), when mental illness is causally connected to the commission of an offence. In this instance, Fullerton referred to YS v R [2010] NSWSC 98 in which the judge outlines the principles to follow when sentencing a young person with a mental illness. This episode ended with more tragedy for the parents of these two girls, as Kathleen died in her cell barely two months after this decision was handed down. An inquest into her death is to be held.

Elements of the Case:

This crime there are two elements that need to be proved before it can be said that a criminal offence has occurred and that the accused person is criminally liable which in this case Kathleen Worrall. To be criminally liable for the criminal offence, the two elements of crime have to be proved which are actus reus (the conduct of the offender) and mens rea (the mental state of the offender), the offender ( Kathleen Worrall) was suffering from and underlying medical condition called Congenital Adrenal Hyperplasia which causes abnormality of the mind and mood disorders. Which can be life threatening without the correct treatment. She wasn’t following her medical regime and in her psychotic state had no control over the situation which caused the offender to murder.

In October 2008, 20 year old Kathleen Worrall stabbed her younger sister Susan to death. She suffered more than fifty wounds. Kathleen was initially charged with the murder of her sister, which was later changed to manslaughter for which she pleaded guilty. Kathleen had a hormonal condition, congenital adrenal hyperplasia which leads to excess production of testosterone. It had been controlled with medication, but Kathleen grew self-conscious about the side-effect of significant weight gain and did not stick to her treatment regime. At the time of the death of Susan, the sisters had been fighting over things such as the use of a hair straightener and internet access. Justice Elizabeth Fullerton found her mental state compromised her perceptions and her capacity to control herself or distinguish right from wrong....
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