R v Coleman

Case [2010] NSWSC 177


CITATION: REGINA v COLEMAN [2010] NSWSC 177
HEARING DATE(S): Wednesday 24 February 2010
 
JUDGMENT DATE : 

12 March 2010
JURISDICTION: Criminal
JUDGMENT OF: Hall J at 1
DECISION: Arnold Coleman, upon the charge that on 2 October 2008 at Goonellabah in the State of New South Wales you did murder Jean Kathleen Coleman, pursuant to the provisions of s.22(1) of the Mental Health (Forensic Provisions) Act 1990, I find that you are not guilty by reason of mental illness.
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 such facility as the Mental Health Review Tribunal may determine until released by due process of law.
The Registrar is to notify the Minister of Health and the Mental Health Review Tribunal of the terms of the orders made by this Court.
CATCHWORDS: CRIMINAL LAW - murder – judge alone trial - special hearing - accused not guilty by reason mental illness
LEGISLATION CITED: Mental Health (Forensic Provisions) Act 1990
Mental Health Act 2007
CASES CITED: Mizzi v Regina (1960) 105 CLR 659
Radford v The Queen (1985) 42 SASR at 274–275
Regina v Kemp [1957] 1 QB 399
Regina v McNaghton (1843) 8 ER 718
Regina v Porter (1933) 55 CLR 182
Regina v Quick (1973) QB 910
PARTIES: REGINA v
Arnold COLEMAN
FILE NUMBER(S): SC 2009/1628
COUNSEL: C: J McLennan
O: C Bruce SC
SOLICITORS: C: S Kavanagh
O: S O'Connor

IN THE SUPREME COURT

      OF NEW SOUTH WALES
      COMMON LAW DIVISION
      CRIMINAL LIST

      HALL J

      FRIDAY 12 MARCH 2010

      No 2009/1628

      REGINA v ARNOLD COLEMAN

      JUDGMENT

1 HIS HONOUR: The accused Arnold Coleman, was arraigned on indictment on 13 March 2009. He was charged with the murder of Jean Kathleen Coleman on 2 October 2008 at Goonellabah, New South Wales.

2 A fitness to be tried hearing was held on 27 May 2009 in which Adams J made a finding under s.14 of the Mental Health (Forensic Provisions) Act 1990 (“the Act”) that the accused was unfit to be tried. Adams J referred the matter to the Mental Health Review Tribunal pursuant to s.14(a) of the Act.

3 The Mental Health Review Tribunal determined pursuant to s.16(1) and s.45(4) and (5) of the Act that on the balance of probabilities the accused would not during the next 12 months become fit to be tried.

4 Bail was refused and the accused was remanded as a forensic patient at Long Bay Prison Hospital pursuant to the Mental Health Review Tribunal’s determination under s.46(1) of the Act. The Tribunal unanimously confirmed these findings on 1 February 2010.

5 On 21 October 2009, the Director of Public Prosecutions, pursuant to s.19 of the Act, elected to proceed with the charge of murder against the accused.

6 On 24 February 2010, a special hearing pursuant to s.19 of the Act was held before this Court in Lismore, New South Wales. Mr C Bruce SC appeared…

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R v Coleman [2010] NSWSC 177
Case
[2010] NSWSC 177
Decision Date

CaseChat Overview and Summary

In the matter of the Commonwealth of Australia versus Coleman, the defendant was charged with the murder of a victim. The trial was held before a judge alone, in accordance with the relevant statutory provisions. The defendant pleaded not guilty and further pleaded not guilty by reason of mental illness. A special hearing was conducted to determine the issue of the defendant’s mental state at the time of the offence.

The primary legal issue before the court was whether the defendant was suffering from a mental illness at the time of the offence, such that he could not be held criminally responsible for his actions. This required the court to consider the relevant statutory provisions and case law concerning the defence of mental illness, as well as expert evidence regarding the defendant’s mental state at the time of the offence.

The court found that the defendant was indeed suffering from a mental illness at the time of the offence, which rendered him unable to understand the nature and quality of his act or to know that it was wrong. The court accepted the evidence of expert witnesses, who diagnosed the defendant with a severe mental illness that impaired his ability to form the requisite intent to commit murder. The court further found that the defendant’s mental illness was not due to the voluntary intake of alcohol or drugs. Accordingly, the court found the defendant not guilty by reason of mental illness.

The court ordered that the defendant be detained in a mental health facility, pending further orders of the court. The court also directed that the defendant receive appropriate treatment for his mental illness, and that his progress be regularly reviewed.

Orders

Orders of the court

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Background

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

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