Supreme Court
New South Wales
Medium Neutral Citation: R v Briggs [2017] NSWSC 1685 Hearing dates: 5 December 2017 Date of orders: 06 December 2017 Decision date: 06 December 2017 Jurisdiction: Common Law Before: Bellew J Decision: (1) I find the accused Alex John Briggs not guilty of the murder of Vivienne Slessor on 19 August 2016 on the grounds of mental illness.
(2) I order that the accused be detained pursuant to s 39 of the Mental Health (Forensic Provisions) Act 1990 in an appropriate correctional centre or in such facility as the Mental Health Review Tribunal may determine until he is released by due process of law.
(3) I direct the Registrar to notify the Minister for Health and the Mental Health Review Tribunal of these orders and in doing so to provide each of them with
(a) a copy of the transcript of the proceedings before me;
(b) a copy of the exhibits tendered; and
(c) a copy of this judgment.Catchwords: CRIMINAL LAW – Offence – Murder – Mental illness – Where accused was son of the deceased – Where accused had suffered head injury some 17 years earlier – Evidence of pre-existing persecutory ideations and substance abuse disorder – Where accused had been admitted to psychiatric facility on two separate occasions – Accused diagnosed with schizophrenia by medical experts – Defence of mental illness made out – Accused found not guilty on the grounds of mental illness Legislation Cited: Criminal Procedure Act 1986
Mental Health (Forensic Provisions) Act 1990Cases Cited: Mizzi v R (1960) 105 CLR 659; [1961] ALR 137
R v Afele [2014] NSWSC 366
R v Ayoub [1984] 2 NSWLR 511
R v Lazarus [2017] NSWCCA 279
R v M’Naghten (1843) 8 ER 718
R v Minani (2005) 63 NSWLR 490; (2005) NSWCCA 226
R v Porter (1933) 55 CLR 182, [1933] HCA 1
R v S [1979] 2 NSWLR 1Category: Principal judgment Parties: Regina - Crown
Alex John Briggs - AccusedRepresentation: Counsel:
Solicitors:
L Shaw - Crown
I Nash - Accused
Director of Public Prosecutions NSW – Crown
Legal Aid NSW – Accused
File Number(s): 2016/250460 Publication restriction: Nil
Judgment – EX TEMPORE (REVISED)
INTRODUCTION
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On 5 December 2017 Alexander John Briggs, whom I shall refer to as “the accused”, pleaded not guilty to an indictment alleging that on or about 19 August 2016 at Forbes in the State of New South Wales he did murder Vivienne Slessor.
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On 11 August 2017 the accused had elected to be tried by a judge alone in respect of that offence. A copy of his signed election pursuant to s. 132 of the Criminal Procedure Act 1986 (“the CPA”) has been tendered and marked as Exhibit A.
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A judge who tries criminal proceedings without a jury is not required to express all of the matters which would necessarily have to be stated to a jury unfamiliar with basic principles of law. However, s. 133(2) of the CPA requires…
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- AGLC
- R v Briggs [2017] NSWSC 1685
- Case
- [2017] NSWSC 1685
- Decision Date
CaseChat Overview and Summary
The central legal issue the court had to decide was whether Briggs' mental illness at the time of the offence was such that he could not be held criminally responsible for his actions. This required the court to examine the evidence of Briggs' mental state, including his history of mental health issues, the nature and extent of his illness, and whether this illness was such that it could be considered a defence under the relevant legislation. The court had to determine whether Briggs' schizophrenia and associated persecutory delusions were of a sufficient nature to render him incapable of understanding the nature and quality of his act or knowing that it was wrong.
The court found that Briggs' mental illness was a significant factor in the offence. It accepted the evidence that Briggs suffered from schizophrenia, which had been present for some time before the offence. The court determined that his mental illness had impaired his ability to form the necessary intent to commit murder, and that at the time of the offence, he was unable to appreciate the nature and quality of his act or that it was wrong. Therefore, the court concluded that Briggs was not criminally responsible for the offence due to his mental illness and found him not guilty on the grounds of mental illness.
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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