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R v Deakin

R v Deakin

Case [2021] NSWSC 20 22 January 2021

Mental Illness Defence

Schizophrenia

Drug Induced Psychosis

Criminal Law

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Supreme Court

New South Wales

Medium Neutral Citation: R v Deakin [2021] NSWSC 20
Hearing dates: 18-20 January 2021
Date of orders: 22 January 2021
Decision date: 22 January 2021
Jurisdiction: Common Law
Before: Beech-Jones J
Decision:
(1) In accordance with section 38 of the Mental Health (Forensic Provisions) Act 1990:
(i)   On count 1 of the indictment being attempted murder of Thomas Winner, the accused is not guilty by reason of mental illness;
(ii)   On count 2 of the indictment being the murder of Gail Winner, the accused is not guilty by reason of mental illness;
(iii)   On count 3 of the indictment being the murder of Michael Horne, the accused is not guilty by reason of mental illness.
(iv)   On sequence 5 being a charge of driving while holding a learner permit and not accompanied by a driver, the accused is not guilty by reason of mental illness;
(v)   On sequence 6 being a charge of take and drive a conveyance without the consent of the owner, the accused is not guilty by reason of mental illness;
(vi)   On sequence 7 being another charge of take and drive a conveyance without the consent of the owner, the accused is not guilty by reason of mental illness;
(vii)   On sequence 8 being a charge of assault police officer in execution of his duty and cause actual bodily harm, the accused is not guilty by reason of mental illness;
(viii)   On sequence 9 being a charge of not stopping while being pursued by police, the accused is not guilty by reason of mental illness;
(ix)   On sequence 10 being another charge of not stopping while being pursued by police, the accused is not guilty by reason of mental illness;
(2)   On sequence 11 being driving while there was present a prescribed illicit drug in his blood, the accused is not guilty.
(3) In accordance with section 39(1) of the Mental Health (Forensic Provisions) Act 1990, Murray Deakin be detained in a correctional facility or at such other place as may be determined from time to time by the Mental Health Review Tribunal, until released by due process of law.
(4)   The Registrar is to notify the Mental Health Review Tribunal, as soon as practicable, of the making of these orders and is to provide to that Tribunal the following documentation:
(i)   a copy of these reasons for verdict and orders;
(ii)   the transcript of the trial;
(iii)   the victim impact statement of Amy Winner;
(iv)   copies of exhibits from the trial including the reports of Professor Greenberg, Dr Nielssen and Dr Martin.

Catchwords:
CRIME – mental illness – murder and attempted murder – accused killed grandmother and a member of the public – accused stabbed his grandfather – pleaded not guilty by reason of mental illness – Crown and accused’s psychiatrists diagnose schizophrenia – psychiatrist raised possibility of drug induced psychosis – Crown put accused to proof but later conceded defence made out – concession correctly made – mental illness…

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 Deakin

Details

AGLC: R v Deakin [2021] NSWSC 20
Case: [2021] NSWSC 20
Decision Date: 22 January 2021

CaseChat Overview and Summary

The case of R v Deakin involved a defendant who had been charged with the murder of his grandmother and the attempted murder of a member of the public, as well as the stabbing of his grandfather. The defendant had pleaded not guilty by reason of mental illness. The case was heard in a higher court where the Crown and the accused's psychiatrists diagnosed the defendant with schizophrenia. However, one psychiatrist raised the possibility of drug-induced psychosis as an alternative diagnosis.

The court was required to determine whether the defendant's plea of not guilty by reason of mental illness was valid, and if so, whether the prosecution had discharged the onus of proving, on the balance of probabilities, that the defendant was not suffering from a mental illness at the time of the offences. The Crown initially contested the defence but later conceded that it had failed to discharge the onus of proof, which led to the court accepting the defence of mental illness.

The court found that the Crown's concession to the defence of mental illness was correct. The court accepted that the defence had been proven and found the defendant not guilty of murder and attempted murder on the basis of mental illness. The court did not make any orders regarding the stabbing of the defendant's grandfather, as the defence of mental illness had been accepted for the more serious charges.

Orders