Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v BC [2019] NSWSC 735 Hearing dates: 11-14 June 2019 Date of orders: 14 June 2019 Decision date: 14 June 2019 Jurisdiction: Common Law Before: Walton J Decision: I make the following orders:
(1) I find BC not guilty of the murder of Scott Anthony Dickinson on the grounds of mental illness.
(2) Pursuant to s 39 of the Mental Health (Forensic Provisions) Act 1990, I order that the accused be detained in a correctional facility or at such other place as determined by the Mental Health Review Tribunal until released by due process of law.
(3) I direct the Registrar to notify the Attorney General, the Minister for Health and the Mental Health Review Tribunal of these orders as soon as practicable.
(4) The Registrar is to provide the Mental Health Review Tribunal with a copy of my reasons and of the reports of Dr Furst and Dr Adams.Catchwords: CRIMINAL LAW – special hearing – mental health defence – psychiatric evidence – accused suffered defect of reasoning – accused unable to reason wrongfulness – accused mentally ill at time of offence – special verdict of not guilty – order pursuant to s 39 of the Mental Health (Forensic Provisions) Act Legislation Cited: Crimes Act 1900 Act (NSW)
Criminal Procedure Act 1986 (NSW)
Mental Health (Forensic Provisions) Act 1990 (NSW)Cases Cited: Mizzi v R (1960) 105 CLR 659
R v Falconer (1990) 171 CLR 30
R v Gourlay [2015] NSWSC 67
R v Minani [2005] NSWCCA 226
R v Porter (1933) 55 CLR 182
Stapleton v R (1952) 86 CLR 358
Tumanako v R (1992) 64 A Crim R 149Category: Principal judgment Parties: Regina (Crown)
BC (Accused)Representation: Counsel:
Solicitors:
P W Kerr (Crown)
J Clarke (Accused)
Director of Public Prosecutions (Crown)
Legal Aid NSW (Accused)
File Number(s): 2016/00263573 Publication restriction: The name is not published by virtue of s 162 of the Mental Health Act 2007 (NSW).
Judgment
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HIS HONOUR: BC stands indicted with the murder of Scott Anthony Dickinson (“the deceased”), contrary to s 18(1)(a) of the Crimes Act 1900 (NSW). The murder is alleged to have occurred on 1 September 2016 at Albury in this State.
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The accused first appeared before this Court on 4 August 2017. The matter did not proceed to arraignment, but was adjourned then and on a number of subsequent occasions, before, on 4 May 2018, the question of her fitness to be tried was raised.
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On 2 August 2018, the accused was arraigned without a plea. Having had the benefit of expert opinion from Dr Richard Furst, consultant forensic psychiatrist and Dr Jonathan Adams, forensic psychiatrist, Wilson J found that the accused was not fit to be tried and was unlikely to become fit within a twelve month period. The accused was referred to the Mental Health Review Tribunal.
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On 14 March 2019, the Mental Health Review Tribunal found that, for the purposes of ss 46 and 47…
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- AGLC
- R v BC [2019] NSWSC 735
- Case
- [2019] NSWSC 735
- Decision Date
CaseChat Overview and Summary
The court meticulously reviewed the psychiatric evidence, which established that the defendant had a significant defect of reasoning and was mentally ill at the time of the offence. The expert testimony confirmed that the defendant's mental condition precluded them from understanding the wrongfulness of their actions. Given this evidence, the court concluded that the defendant was not criminally responsible for the offence. The court then proceeded to deliver a special verdict of not guilty by reason of mental illness, in accordance with the statutory provisions. The court further made an order under section 39 of the Mental Health (Forensic Provisions) Act, which mandates the defendant to receive appropriate treatment and care.
The court's reasoning was grounded in the statutory framework and the psychiatric evidence provided. By finding the defendant not guilty on the basis of mental illness, the court recognised the necessity to address the defendant's mental health needs through appropriate treatment. This outcome balanced the need for public protection with the defendant's right to receive necessary mental health care. The court's decision was made with careful consideration of the legal principles and the factual circumstances of the case. The final orders included the special verdict of not guilty and the directive for the defendant to undergo treatment under the Mental Health Act.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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