Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Khatib [2019] NSWSC 1734 Hearing dates: 4 December 2019 Date of orders: 04 December 2019 Decision date: 04 December 2019 Jurisdiction: Common Law Before: Walton J Decision: I make the following orders:
(1) I find Siham Khatib not guilty of the murder of Noura Khatib on the grounds of mental illness.
(2) Pursuant to s 39 of the Mental Health (Forensic Provisions) Act 1990, I order that the accused 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 the Registrar to notify the Attorney General, the Minister for Health and the Mental Health Review Tribunal of these orders as soon as practicable.
(4) The Registrar is to provide the Tribunal with a copy of my reasons and of the reports of Dr Furst and Dr Adams.Catchwords: CRIMINAL LAW – mental health defence – psychiatric evidence – accused suffered defect of reasoning – accused unable to reason wrongfulness – accused mentally ill at time of offence – special verdict of not guilty – order pursuant to s 39 of the Mental Health (Forensic Provisions) Act Legislation Cited: Crimes Act 1900 Act (NSW)
Criminal Procedure Act 1986 (NSW)
Mental Health (Forensic Provisions) Act 1990 (NSW)Cases Cited: Hawkins v The Queen (1994) 174 CLR 500; [1994] HCA 28
Mizzi v The Queen (1960) 105 CLR 659; [1960] HCA 77
R v Gourlay [2015] NSWSC 67
R v Lopez [2014] NSWSC 287
R v M’Naghten (1843) 8 ER 718
R v Minnani (2005) 63 NSWLR 490; [2005] NSWCCA 226
R v Opie [2014] NSWSC 814
R v Papley [2017] NSWSC 1068
R v Pratt [2009] NSWSC 1108
R v Rodriguez [2010] NSWSC 198
Stapleton v The Queen [1952] HCA 56; 86 CLR 358
The King v Porter (1933) 55 CLR 182; [1933] HCA 1
The Queen v Falconer (1990) 171 CLR 30; [1990] HCA 49
Tumanako v R (1992) 64 A Crim R 149Category: Principal judgment Parties: Regina (Crown)
Siham Khatib (Accused)Representation: Counsel:
Solicitors:
R Herps (Crown)
T D Anderson, with C V Newman (Accused)
Crown Solicitor’s Office (Crown)
Legal Aid NSW (Accused)
File Number(s): 2018/27323
Judgment
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HIS HONOUR: On 12 July 2019, Siham Khatib (“the accused”) was arraigned on the count that she, on 25 January 2018, in South Granville in the State of New South Wales, did murder Noura Khatib (“the deceased”).
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Upon arraignment, the accused entered a plea of not guilty by reason of mental illness. Pursuant to s 132 of the Criminal Procedure Act 1986 (NSW), the trial proceeded by way of a Judge alone trial. The obligations upon a judge sitting alone are specified in s 133 of that Act.
ISSUE AT TRIAL
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It was common ground that between 6.10am and 6.18am on 25 January 2018, the deceased aged 63 years of age was stabbed five times,…
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- AGLC
- R v Khatib [2019] NSWSC 1734
- Case
- [2019] NSWSC 1734
- Decision Date
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