R v Birri Morris - [2017] NSWSC 945

Supreme Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Birri Morris [2017] NSWSC 945
Hearing dates: 10 July 2017 – 13 July 2017
Date of orders: 13 July 2017
Decision date: 13 July 2017
Jurisdiction: Common Law
Before: Campbell J
Decision:
(1) Under s 38 Mental Health (Forensic Provisions) Act 1990 (NSW), I return a special verdict that Mr Morris is not guilty of murdering Mr Roberts by reason of mental illness;
(2) Under s 39 of the Act, Birri Jo Morris is to 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 Minister for Health of these orders;
(4) I direct the Registrar to notify the Mental Health Review Tribunal of my special verdict and of these orders. The Registrar is to provide the Tribunal with a copy of these reasons, my orders and the psychiatric exhibits.

Catchwords: CRIMINAL LAW – special hearing – murder – circumstantial case – mental illness defence – held that actus reus for murder satisfied – held that accused had untreated paranoid schizophrenia at the time of offending – special verdict entered
Legislation Cited: Criminal Procedure Act 1986 (NSW)
Mental Health (Forensic Provisions) Act 1990 (NSW)
Cases Cited: Alford v Magee (1952) 85 CLR 437
Commissioner for Road Transport and Tramways v Prerauer (1950) 50 SR (NSW) 271
Hawkins v The Queen (1994) 179 CLR 500
R v McNaughten (1843) 8 ER 718
R v Minani (2005) 63 NSWLR 490
R v Presser [1958] VR 45
Stanton v The Queen [2003] HCA 29; 77 ALJR 1151
The King v Porter [1933] HCA 1; 55 CLR 182
Category: Principal judgment
Parties: Director of Public Prosecutions (Crown)
Birri Morris (Accused)
Representation:
Counsel:
C Todd (Crown)
C Bruce SC (Accused)
Solicitors:
D Collin, Director of Public Prosecutions (Crown)
H van Dugteren, Legal Aid NSW (Accused)

File Number(s): 2014/00374163
Publication restriction: Nil

EX TEMPORE Judgment (REVISED)

Background

The accused, Mr Birri Morris, has been charged with the murder of Mr Nicholas Roberts. It is alleged by the Crown that on 21 December 2014 at Lismore in New South Wales, the accused physically assaulted and stabbed the deceased, seriously injuring him. The injuries included extensive traumatic brain injuries associated with severe facial fractures. Mr Roberts died on 2 January 2015 at the Princess Alexandra Hospital in Brisbane, Queensland.
The head injuries were the primary cause of death. The stab wound was not severe enough to contribute to death. However, its presence may be important for other reasons. The question of how Mr Roberts came by his fatal injuries is the central issue in the case. There is no doubt that they were caused by blunt force trauma. The question is “how was the trauma inflicted”?
The issue is to be decided in the context of a special hearing under the Mental Health (Forensic Provisions) Act 1990 (NSW) (‘the Act’).…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Birri Morris

Details

AGLC: R v Birri Morris [2017] NSWSC 945
Case: [2017] NSWSC 945
Decision Date: 13 July 2017

CaseChat Overview and Summary

The case of R v Birri Morris was heard in the Supreme Court of Victoria. The accused, Birri Morris, was charged with the murder of an individual. The nature of the dispute centred on the circumstances surrounding the offence and the capacity of the accused to form the requisite intent at the time of the killing. The trial proceeded with the court having to consider whether Morris had the mental capacity to commit the crime, given his diagnosed paranoid schizophrenia.

The primary legal issues that the court had to address were whether Morris had committed the actus reus of murder and whether his mental illness at the time of the offence negated his capacity to form the necessary mens rea. The court had to determine if Morris could appreciate the nature and quality of his act or if it was so distorted by his mental illness that he was not criminally responsible. The defence argued that Morris's untreated paranoid schizophrenia significantly impaired his ability to understand his actions or their wrongfulness.

The court found that Morris had indeed committed the act of murder, satisfying the actus reus. However, it was also established that Morris was suffering from untreated paranoid schizophrenia at the time of the offence. Given the evidence presented, the court concluded that Morris's mental state was such that he did not have the capacity to form the necessary intent to be held criminally responsible. Therefore, the court entered a special verdict, acknowledging Morris's responsibility for the act but absolving him of criminal liability due to his mental condition.

Orders