Judge: Gray J Supreme Court of the ACT Date: 3 September 2004
IN THE SUPREME COURT OF THE) ) No. SCC 46 of 2002 AUSTRALIAN CAPITAL TERRITORY )
THE QUEEN
against
MAURICE DIXON KING
ORDER
Judge: Gray J Date: 3 September 2004 Place: Canberra
THE COURT is satisfied beyond reasonable doubt that the accused committed the acts which constitute the offence charged, namely that on the 10th day of October 2001 at Canberra he murdered Pamela Ann King. THE COURT orders that the accused be detained in custody until the Mental Health Tribunal orders otherwise. THE COURT indicates that if the special hearing had been normal criminal proceedings against a person who was fit to be tried for and convicted of the offence with which the accused is charged, it would have imposed a sentence of imprisonment. THE COURT nominates a term of 12 years 10 months in respect…
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.
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Details
AGLC
R v King [2004] ACTSC 82
Case
[2004] ACTSC 82
Decision Date
CaseChat Overview and Summary
In the Supreme Court of the Australian Capital Territory, Justice Gray delivered judgment in the case of The Queen v Maurice Dixon King. The accused, Maurice Dixon King, was charged with the murder of his wife, Pamela Ann King, on 10 October 2001. The case involved a special hearing as the accused was found unfit to plead due to mental illness. The primary legal issues were whether the accused engaged in the conduct required for the offence charged and, if so, what sentence should be imposed. Justice Gray found that the accused had engaged in the conduct required for the offence charged, specifically, striking his wife with a metal pipe, which resulted in her death. The court ordered that the accused be detained in custody until the Mental Health Tribunal orders otherwise. The court also nominated a term of 12 years and 10 months as the sentence that would have been imposed if the proceedings had been normal criminal proceedings. The case hinged on the evidence of the accused's admissions and the detailed description of the incident given to police, as well as the expert testimony regarding the accused's mental state at the time of the offence.