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R v Dunne

R v Dunne

Case [2001] WASC 263 27 September 2001

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R -v- DUNNE [2001] WASC 263

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2001] WASC 263
Case No:	INS:76/2001	Heard:	5-7 SEPTEMBER 2001
Coram:	MILLER J	Delivered:	27/09/01
No of pages:	24	Judgment Part:	1 of 1
Result:	Accused found fit to plead
Category:	B
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Parties:	THE QUEEN PATRICIA MAUREEN DUNNE
Catchwords:	Criminal law Criminal procedure Fitness to plead Principles to be applied Conflict in opinion of experts Turns on own facts
Legislation:	Criminal Law (Mentally Impaired Defendants) Act 1996, s 9
Case References:	Briginshaw v Briginshaw (1938) 60 CLR 336 Eastman v The Queen (2000) 74 ALJR 915 Nagatayi v The Queen (1980) 147 CLR 1 R v Presser [1958] VR 45 R v Pritchard (1836) 7 Car & P 303 R v Robson [2001] WADC 133

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CRIMINAL

CITATION : R -v- DUNNE [2001] WASC 263 CORAM : MILLER J HEARD : 5-7 SEPTEMBER 2001 DELIVERED : 27 SEPTEMBER 2001 FILE NO/S : INS 76 of 2001 BETWEEN : THE QUEEN

AND

PATRICIA MAUREEN DUNNE

Catchwords:

Criminal law - Criminal procedure - Fitness to plead - Principles to be applied - Conflict in opinion of experts - Turns on own facts

Legislation:

Criminal Law (Mentally Impaired Defendants) Act 1996, s 9

Result:

Accused found fit to plead

(Page 2)

Category: B

Representation:

Counsel:

Crown : Mr S E Stone

Accused : Mr R W Keeley

Solicitors:

Crown : State Director of Public Prosecutions

Accused : Legal Aid of Western Australia

Case(s) referred to in judgment(s):

Briginshaw v Briginshaw (1938) 60 CLR 336
Eastman v The Queen (2000) 74 ALJR 915
Nagatayi v The Queen (1980) 147 CLR 1
R v Presser [1958] VR 45
R v Pritchard (1836) 7 Car & P 303

Case(s) also cited:

R v Robson [2001] WADC 133

(Page 3)

1 MILLER J: The accused is charged on indictment with two counts of wilful murder and one of attempted murder. The first count of wilful murder alleges that the accused wilfully murdered her son Anthony Michael Dunne at Lynwood on 28 March 1972. The second alleges that the accused wilfully murdered Robyn Gaye Swain at South Guildford on 6 September 1999. The charge of attempted murder alleges that the accused attempted unlawfully to kill Shirley Annette Wake at South Guildford on 5 December 1999.

2 The indictment was put to the accused on 1 May 2001 and upon the first count being read to her she pleaded not guilty. Counsel for the Crown, however, informed Roberts-Smith J that there was an issue of fitness to plead and it was therefore inappropriate to put any more of the indictment. Unfortunately, the accused's counsel was not present. Roberts-Smith J then indicated that he would not take the plea and would await the attendance of the accused's counsel. Counsel duly appeared and submitted that the accused was unfit to plead. The accused was remanded to Graylands Hospital under the provisions of s 5 of the

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 Dunne

Details

AGLC: R v Dunne [2001] WASC 263
Case: [2001] WASC 263
Decision Date

CaseChat Overview and Summary

The accused in this case, Patricia Maureen Dunne, was charged with two counts of wilful murder and one of attempted murder. The court had to decide whether she was mentally fit to plead. The case was argued over two days in the Supreme Court of Western Australia. The court considered the evidence of three psychiatrists and the accused's own understanding of the proceedings. The accused was found to have intellectual disability, mental illness, and brain damage. However, the court found that she could understand the nature of the charges, follow the course of the trial, and instruct her counsel. The court held that the accused was mentally fit to stand trial. The accused was found fit to plead and the case will proceed to trial.

Orders