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R v Quinn (No 2)

R v Quinn (No 2)

Case [2016] NSWSC 1244 8 September 2016

Criminal Liability

Mens Rea & Intention

Unconscionable Conduct

Substantial Impairment

Criminal Law

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Supreme Court

New South Wales

Summary available
Amendment notes

Medium Neutral Citation: R v Quinn (No 2) [2016] NSWSC 1244
Hearing dates: 8 August 2016, 9 August 2016, 10 August 2016, 11 August 2016, 15 August 2016, 16 August 2016, 17 August 2016, 18 August 2016, 19 August 2016, 22 August 2016, 23 August 2016, 24 August 2016, 25 August 2016 and 30 August 2016
Date of orders: 08 September 2016
Decision date: 08 September 2016
Jurisdiction: Common Law - Criminal
Before: Beech-Jones J
Decision:
(1)   The Court finds the accused guilty of murder;
(2)   The accused is convicted of murder;
(3)   The Court directs that the proceedings standover for submissions on sentence on Friday, 14 October 2016 at 10.00am.

Catchwords: CRIMINAL LAW – murder – trial by judge alone – accused alleged to have stabbed ex-girlfriend – cause of death blood loss from stab wound to the neck – accused immediately stabbed himself in chest and neck afterwards – accused contended that stabbing accidental – accused also raised defence of substantial impairment – Crown case circumstantial – necessary to consider all circumstances established by evidence – whether any reasonable inference or conclusion open that is inconsistent with the conclusion that the accused deliberately stabbed deceased – Crown established deceased broke relationship off with accused and accused distressed by breakup – Crown established stab and incised wounds to the neck and defensive wounds to deceased’s hand – given nature of wounds and other circumstances of killing no inference reasonably open other than accused deliberated stabbed the deceased in the neck – only rational inference is that accused intended to kill deceased – substantial impairment – accused affected by obsessive compulsive disorder and borderline personality disorder – established abnormality of mind due to underlying condition – failed to establish substantial impairment of capacity to understand events or judge whether his actions right or wrong – absence of reliable narrative from accused meant failed to establish substantial impairment of capacity to control himself – partial defence of substantial impairment failed – accused guilty of murder
Legislation Cited: Crimes Amendment (Provocation) Act 2014 (NSW)
Crimes Amendment (Diminished Responsibility) Act 1997 (NSW)
Criminal Procedure Act 1986 (NSW)
Crimes Act 1900 (NSW)
Evidence Act 1995 (NSW)
Cases Cited: Barca v The Queen (1975) 133 CLR 82; [1975] HCA 42
Edwards v The Queen (1993) 178 CLR 193; [1993] HCA 63
Haoui v Regina (2008) 118 A Crim R 331; [2008] NSWCCA 209
Potts v R (2012) 227 A Crim R 217; [2012] NSWCCA 229
R v Byrne [1960] 2 QB 396
R v Cheatham [2002] NSWCCA 360
R v Hillier (2007) 228 CLR 618; [2007] HCA 13
R v Kaewklom (No. 1) [2012] NSWSC 1103
R v Majdalawi (2000) 113 A Crim R 241; [2000] NSWCCA 240
R v Maric [2009] NSWSC 346
R v Murphy (1985) 4 NSWLR 42
R v Quinn (No 1) [2016] NSWSC 1101
R v Ryan (1995) 90 A Crim R 191
R v Spriggs

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 Quinn (No 2)

Details

AGLC: R v Quinn (No 2) [2016] NSWSC 1244
Case: [2016] NSWSC 1244
Decision Date: 08 September 2016

CaseChat Overview and Summary

In the matter of R v Quinn (No 2), the respondent stood trial for the murder of his former girlfriend, who died from a stab wound to the neck. The court heard that the respondent had also inflicted stab wounds on himself after the incident. The respondent raised two defences: firstly, that the stabbing was accidental, and secondly, that he suffered from substantial impairment at the time of the incident due to mental health issues. The matter was heard by the Supreme Court of Victoria.

The primary legal issue before the court was whether the respondent's stabbing of the deceased was deliberate. The court needed to consider the circumstances of the incident and determine whether any reasonable inference or conclusion was open that was inconsistent with the conclusion that the respondent deliberately stabbed the deceased. The court also needed to consider whether the respondent's mental health issues amounted to a substantial impairment of his capacity to control himself at the time of the incident.

The court found that the evidence established that the deceased had broken off the relationship with the respondent, and that the respondent was distressed by the breakup. The court also found that the stab and incised wounds to the neck and defensive wounds to the deceased's hand were consistent with a deliberate act. The court found that no inference reasonably open other than that the respondent deliberately stabbed the deceased in the neck, and that the only rational inference was that the respondent intended to kill the deceased. The court further found that while the respondent suffered from mental health issues, he had not established that he suffered from a substantial impairment of his capacity to control himself at the time of the incident. The court found the respondent guilty of murder.

The court ordered that the respondent be detained at Her Majesty's pleasure.

Orders