Regina v Nguyen - [2009] NSWSC 918

CITATION: Regina v Nguyen [2009] NSWSC 918

HEARING DATE(S): 24/08/09, 25/08/09, 26/08/09

JUDGMENT DATE :
10 September 2009

JUDGMENT OF: Hoeben J

DECISION: Accused not guilty of murder, but guilty of manslaughter on each count.

CATCHWORDS: Criminal law - indictment charging two acts of murder - trial by judge alone - defence of mental illness - background evidence - psychiatric opinion - whether accused mentally ill under McNaughten rule or whether substantially impaired by an abnormality of the mind under s 23A of the Crimes Act 1900 - importance of letters left by accused.

LEGISLATION CITED: Crimes Act 1900
Criminal Procedure Act 1986
Mental Health (Forensic Provisions) Act 1990

CATEGORY: Principal judgment

CASES CITED: The King v Porter (1933) 55 CLR 182
R v Jennings [2005] NSWSC 789
R v McNaughten (1843) 8 ER 718

PARTIES: Regina
Truong Thi Nguyen

FILE NUMBER(S): SC 2008/19053001

COUNSEL: Ms M Cunneen SC - Crown
Mr RC Pontello - Accused

SOLICITORS: Solicitor for Public Prosecutions - Crown
Solicitor for Legal Aid Commission of NSW - Accused

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION

HOEBEN J

Thursday 10 September 2009

2008/19053001 – REGINA v Truong Thi NGUYEN
JUDGMENT

1 HIS HONOUR:

Nature of Proceedings

Criminal Procedure Act

2 Upon arraignment, the accused pleaded not guilty to both charges.

3 The charges arise from the killing by the accused of her two children on 19 February 2008. Joshua was born in March 2003 and was therefore almost five at the time of his death. Jade was born in February 2005 and was almost three. Although the precise cause of their deaths could not be ascertained as a result of the post mortem, the most likely cause in each case was asphyxiation (i.e. suffocation). This was confirmed in histories given by the accused to psychiatrists who examined her.

4 There was little dispute about the facts. By consent the Crown case statement, medical reports from psychiatrists, statements from witnesses and a copy photograph were placed before the Court.

5 The basis for the accused’s plea of not guilty is mental illness under s 38 Mental Health (Forensic Provisions) Act 1990. In other words, the accused relies upon mental illness in the McNaughten sense. The accused submits that the appropriate verdict is “not guilty of murder on the grounds of mental illness”. The Crown contends that this is a case to which s 23A of the Crimes Act 1900 applies and that the accused is guilty of manslaughter in that at the time of the offences she was suffering substantial impairment by abnormality of the mind. Accordingly, the real issue litigated has been the mental condition of the accused at the time of the killing of her children.

6…

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 Regina v Nguyen

Details

AGLC: Regina v Nguyen [2009] NSWSC 918
Case: [2009] NSWSC 918
Decision Date: 10 September 2009

CaseChat Overview and Summary

In the case of Regina v Nguyen, the accused was indicted for two acts of murder. The trial was conducted by a judge sitting alone without a jury. A significant aspect of the defence was the accused's claim of mental illness. The court needed to determine whether the accused was mentally ill under the McNaughten rule, or whether they were substantially impaired by an abnormality of the mind under section 23A of the Crimes Act 1900. This required a thorough examination of the background evidence and psychiatric opinions, with particular attention to the letters left by the accused.

The primary legal issue was whether the accused could be held criminally responsible for the murders due to their mental state at the time of the offences. The court had to weigh the psychiatric evidence against the letters, which were considered highly relevant to understanding the accused's mental condition. The McNaughten rule, which requires the accused to be incapable of knowing the nature of the act or that it was wrong, was contrasted with the more recent criteria under section 23A, which considers substantial impairment by an abnormality of the mind. The court's task was to decide which legal standard applied, if any, to the facts of this case.

The court found that the accused was not mentally ill under the McNaughten rule, but was substantially impaired by an abnormality of the mind under section 23A. The judge carefully analysed the psychiatric evidence and the content of the letters, concluding that they demonstrated the accused's substantial impairment at the time of the murders. This conclusion was based on the understanding that the accused's mental condition affected their ability to control their actions, even though they might not have been completely incapable of understanding the nature or wrongfulness of their acts. The court ultimately determined that the accused was not criminally responsible for the murders due to their mental state.

Consequently, the court acquitted the accused of the charges of murder, based on the finding of substantial impairment under section 23A of the Crimes Act 1900. The importance of the letters left by the accused was recognised in reaching this decision, as they provided critical insights into the accused's mental condition at the relevant time.

Orders