Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Hadler (No 2) [2018] NSWSC 1804 Hearing dates: 12, 13, 14, 16, 19, 20 November 2018 Date of orders: 23 November 2018 Decision date: 23 November 2018 Jurisdiction: Common Law Before: Wilson J Decision: (1) Pursuant to s 38 of the Mental Health (Forensic Provisions) Act 1990 (NSW), a special verdict of not guilty by reason of mental illness is returned with respect to the charge of murder.
(2) Pursuant to s 39 of the Mental Health (Forensic Provisions) Act 1990 (NSW), Michael Hadler 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 that the Registrar notify the Minister for Health of these orders.
(4) I direct that the Registrar notify the Mental Health Review Tribunal of my verdict and of these orders. I also direct that the Registrar provide the Tribunal with a copy of these reasons and orders, and a copy of trial exhibits F, G, N1, N2, 2, 11 and 13.Catchwords: CRIMINAL LAW – murder – plea of not guilty by reason of mental illness – schizophrenia - relevance of consumption of illicit drugs to psychosis – relevance of forensic awareness by the accused to knowledge of wrongfulness – “cover-up” of crime scene - unanimous agreement of experts as to availability of defence Legislation Cited: Crimes Act 1900 (NSW)
Criminal Procedure Act 1986 (NSW)
Mental Health (Forensic Provisions) Act 1990 (NSW)
Mental Health Act 2007 (NSW)Cases Cited: Edwards v The Queen (1993) 178 CLR 193
Hawkins v The Queen [1994] HCA 28; 179 CLR 500
McNaghten’s Case (1843) 8 ER 718
R v Falconer (1990) 171 CLR 30; [1990] HCA 49
R v Hadler [2018] NSWSC 1151
R v Jenkins [1964] NSWR 721; (1963) 64 SR (NSW) 20; 81 WN (Pt 2) (NSW) 44
R v Lane [2011] NSWCCA 157
R v Michaux [1984] 2 Qd R 159; 13 A Crim R 173
Radford v R (1985) 42 SASR 266
Steer v R (2008) 191 A Crim R 435
Taylor v R (1978) 45 FLR 343; 22 ALR 599
The King v Porter [1933] HCA 1; (1933) 55 CLR 182
Tumanako v R (1992) 64 A Crim R 149Category: Principal judgment Parties: Regina
Michael HadlerRepresentation: Counsel:
Solicitors:
Mr S Hughes (Crown Prosecutor)
Ms S Beckett (Accused)
Solicitor for Public Prosecutions
Legal Aid Commission of NSW
File Number(s): 2016/00286148 Publication restriction: None
Judgment
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HER HONOUR: In the early hours of the morning of 23 September 2016 Brian Hamilton was killed by the infliction upon him of multiple stab wounds. Later that same day the accused, Michael Hadler, walked into Bankstown Police Station and confessed to having wielded the knife. He was charged with Mr Hamilton’s murder.
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Later, when arraigned on 4 May 2018, before Johnson J, the accused entered a plea of not guilty on the…
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- AGLC
- R v Hadler (No 2) [2018] NSWSC 1804
- Case
- [2018] NSWSC 1804
- Decision Date
CaseChat Overview and Summary
The legal issues at the heart of the case revolved around the criteria for establishing a defence of not guilty by reason of mental illness. The court needed to assess the interplay between the defendant's schizophrenia, his drug use, and his awareness of the wrongfulness of his actions. The consumption of illicit drugs was a significant factor, as it was argued that these substances exacerbated the defendant's psychosis. The court also had to evaluate the relevance of the defendant's actions to conceal the crime scene and the importance of expert consensus in determining the availability of the defence.
The court held that the defendant's schizophrenia was a significant factor in his mental state at the time of the crime. While the consumption of illicit drugs contributed to his psychosis, it did not preclude the availability of the defence. The court found that the defendant's forensic awareness, demonstrated by his actions to cover up the crime, did not necessarily negate the defence of mental illness. The unanimous agreement of the expert witnesses on the availability of the defence was a critical factor in the court's decision. Ultimately, the court concluded that the defendant's mental illness was a substantial mitigating factor, and the defence of not guilty by reason of mental illness was available.
The court ordered that the defendant be found not guilty by reason of mental illness and remanded him to a secure mental health facility for treatment and rehabilitation. The court emphasised the importance of expert evidence and the need for a comprehensive understanding of the defendant's mental state at the time of the crime in determining the availability of the defence.
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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