Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Wilson (No 4) [2017] NSWSC 1730 Hearing dates: 27 November 2017, 28 November 2017, 30 November 2017, 1 December 2017, 4 December 2017, 5 December 2017 and 6 December 2017 Date of orders: 13 December 2017 Decision date: 13 December 2017 Jurisdiction: Common Law Before: Schmidt J Decision: On the limited evidence available, Ms Wilson is not guilty of murder, but guilty of manslaughter.
Catchwords: CRIMINAL LAW – special hearing under Mental Health (Forensic Provisions) Act 1990 – murder – judge alone – alternative charge of manslaughter – accused suffering mental impairment – whether accused intended to seriously injure victim when she hit him with a metal pole – how numerous burns were caused –– whether victim was struck before he was burnt by boiling water – self-defence – provocation – partial defence of substantial impairment by abnormality of mind – verdict – on the limited evidence available accused not guilty of murder but guilty of manslaughter Legislation Cited: Crimes Act 1900 (NSW)
Mental Health (Forensic Provisions) Act 1990 (NSW)Cases Cited: Hawkins v R (1994) 179 CLR 500; [1994] HCA 28
R v M'Naghten (1843) 8 ER 718; [1843 - 60] All ER 229; R v Porter (1933) 55 CLR 182; [1933] HCA 1
Mizzi v R (1960) 105 CLR 659; [1960] HCA 77
R v Wilson (No 3) [2017] NSWSC 1680
Stingel v The Queen (1990) 171 CLR 312; [1990] HCA 61
Van Den Hoek v The Queen (1986) 161 CLR 158 at 167; [1986] HCA 76
Wilson v The Queen (1992) 174 CLR 313; [1992] HCA 31Category: Principal judgment Parties: Regina
Pearl Marie WilsonRepresentation: Counsel:
Solicitors:
Ms K Ratcliffe (Crown)
Mr P McGrath SC (Accused)
Solicitor for the Director of Public Prosecutions (Crown)
Aboriginal Legal Service (Accused)
File Number(s): 2013/88509 and 2013/44091 Publication restriction: Nil
Judgment
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Ms Wilson is charged under s 18(1)(a) of the Crimes Act 1900 (NSW) with having murdered Jason Shepstone on 12 February 2013, at her home, where he often lived with her. On that charge a verdict that she is guilty of the uncharged offence of manslaughter, is an available alternative.
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Mr Shepstone was a long term alcoholic who suffered from cirrhosis of the liver so advanced, that in February 2013 it could have led to his death at any time. It is common ground between the parties, however, that his death resulted from the combined effects of multiple burns, blunt force injuries and the condition of his liver.
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On 13 February 2013, after ambulance officers who Ms Wilson called found that Mr Shepstone had died, she admitted to them and later to police, that she had assaulted Mr Shepstone. The various accounts Ms Wilson gave that day and later in 2014 and 2015 to the forensic psychiatrists, Dr Furst and Dr Allnutt, differed in their detail. But she has never disputed the admissions which she made on 13 February, that she…
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- AGLC
- R v Wilson (No 4) [2017] NSWSC 1730
- Case
- [2017] NSWSC 1730
- Decision Date
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