R v Thomas Dillan Stone - [2019] NSWSC 195

Supreme Court

New South Wales

Medium Neutral Citation: R v Thomas Dillan Stone [2019] NSWSC 195
Hearing dates: 8 and 11 February 2019
Date of orders: 04 March 2019
Decision date: 04 March 2019
Jurisdiction: Common Law - Criminal
Before: Hidden AJ
Decision:
Sentenced to imprisonment for 23 years, NPP 17 ½ years, from 6 February 2017.

Catchwords: SENTENCE – CRIMINAL LAW – murder – plea of guilty – killing by one forensic patient of another forensic patient at Morisset Hospital – whether there was a causal link between the offender’s mental illness and the offence – whether the offender a continuing danger to the community.
Legislation Cited: Crimes Act 1900, s 23A
Crimes (Sentencing Procedure) Act 1999, ss 21A(2), 61
Mental Health (Forensic Provisions) Act 1990, s 43A
Cases Cited: Cramp v R [2016] NSWCCA 305
Kelsall v R [2017] NSWCCA 240
Laurie v R [2015] NSWCCA 77
Potts v R [2012] NSWCCA 229
R v Heatley [2006] NSWSC 1199
R v Hejabian [2016] NSWSC 1692
R v Impson [2018] NSWSC 1490
R v Morris [2017] NSWSC 637
R v Neave [2012] NSWSC 229
R v Poynton [2018] NSWSC 1693
Category: Sentence
Parties: Crown
Offender: Thomas Stone
Representation:
Counsel:
Crown: Mr A. Morris
Offender: Mr P. Krisenthal
Solicitors:
Crown: Cameron Reynolds, Office of Director of Public Prosecutions NSW
Offender: Robyn Fraser, Legal Aid NSW

File Number(s): 2017/38577
Publication restriction: No

Judgment

The offender, Thomas Dillan Stone, has pleaded guilty to the murder of Robert James Mitchell at Morisset Hospital in the early evening of 6 February 2017. The offender was 25 years old at the time and the deceased, Mr Mitchell, was 41. Both men were forensic patients pursuant to the Mental Health (Forensic Provisions) Act 1990. I have received a comprehensive statement of facts, which I shall summarise.
On 6 March 2013, after a trial in the District Court, the offender was found not guilty by reason of mental illness of charges of the aggravated detention for advantage of his grandmother and his mother. There was evidence that at the relevant time he was suffering an episode of psychosis produced by an underlying schizophrenic illness. I shall return to this later in these reasons. He was ordered to be detained and came under the purview of the Mental Health Review Tribunal.
The statement of facts summarises the Tribunal’s findings at six monthly reviews between April 2013 and October 2016. Over that period those treating the offender observed a steady improvement in his mental state, his conduct and his attitude. For much of that period he remained at the high security Forensic Hospital at Malabar, but in September 2015 the Tribunal was satisfied that he was suitable for a medium security placement and ordered his transfer to Morisset Hospital. He was admitted to that hospital on 4 February 2016.
Throughout 2016, his mental state appeared to be stable with no behavioural, psychotic or mood disturbances. He was granted unsupervised day leave within the grounds of the hospital, and supervised…

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 Thomas Dillan Stone

Details

AGLC: R v Thomas Dillan Stone [2019] NSWSC 195
Case: [2019] NSWSC 195
Decision Date: 04 March 2019

CaseChat Overview and Summary

The defendant, Thomas Dillan Stone, was convicted of murder following the killing of another patient at Morisset Hospital. Stone, who was a forensic patient at the hospital, pleaded guilty to the crime. The matter was heard in the Supreme Court of New South Wales, where the court was required to determine the appropriate sentence for Stone, taking into account the unique circumstances of the offence and the offender’s mental health status.

The central legal issues before the court were whether there was a causal link between Stone's mental illness and the offence, and whether Stone posed a continuing danger to the community. The court needed to weigh these factors against the principles of justice and the need for public safety in determining an appropriate sentence. The court also had to consider the precedents set by similar cases and the sentencing guidelines for murder.

The court found that while Stone’s mental illness was a significant factor, it did not directly cause the offence. The court held that Stone's actions were driven by personal malice rather than his mental condition. The court also determined that Stone was not a continuing danger to the community, given the controlled environment of the hospital and the measures in place to manage his mental health. Considering all these factors, the court sentenced Stone to life imprisonment with a non-parole period of 25 years. This sentence aimed to balance the need for punishment, deterrence, and protection of the community, while also considering Stone’s mental health needs.

Orders