THE QUEEN v PETER JOHN GIBSON
[2006] ACTSC 114 (24 November 2006)
TRIAL BY JUDGE ALONE – Assault and recklessly inflict grievous bodily harm – part of ear bitten off.
MENTAL STATE DEFENCES – Sane automatism – evidence of mental illness – special verdicts of not guilty by reason of mental impairment.
Supreme Court Act 1933, s 68A
Criminal Procedure Act 1986 (NSW), s 33
Crimes Act 1900, s 321, 322, 324
Fleming v The Queen (1998) 197 CLR 250
Ryan v The Queen (1967) 121 CLR 205
The Queen v Falconer (1990)171 CLR 30
R v Milloy [1993] 1 Qd R 298
Bratty v Attorney-General (Northern Ireland) [1963] AC 386
R v Radford (1985) 42 SASR 266
No. SCC 106 of 2006
Judge: Connolly J
Supreme Court of the ACT
Date: 24 November 2006
IN THE SUPREME COURT OF THE )
) No. SCC 106 of 2006
AUSTRALIAN CAPITAL TERRITORY )
THE QUEEN
v
PETER JOHN GIBSON
ORDER
Judge: Connolly J
Date: 24 November 2006
Place: Canberra
THE COURT ORDERS THAT:
In relation to count 1 of the indictment of 6 November 2006 that alleges that Peter John Gibson on 26 September 2004 at Canberra did assault Kathleen Mary Gimson, there be entered a verdict of not guilty by reason of mental impairment.
In relation to count 2 of the indictment of 6 November 2006 that alleges that Peter John Gibson on 26 September 2004 at Canberra did recklessly inflict grievous bodily harm on Deborah Anne Gimson, there be entered a verdict of not guilty by reason of mental impairment.
In relation to count 3 of the indictment of 6 November 2006 that alleges that Peter John Gibson on 26 September 2004 at Canberra did assault Trent Madders, there be entered a verdict of not guilty by reason of mental impairment.
Peter John Gibson submit to the jurisdiction of the Mental Health Tribunal to enable the Tribunal to make a mental health order.
The accused, Peter John Gibson, stands charged that he did on 26 September 2004 at Canberra assault Kathleen Mary Gimson, that he did on the same day recklessly inflict grievous bodily harm on Deborah Anne Gimson, and that he did on the same day assault Trent Madders. He pleaded not guilty to the charges. He had, in accordance with the provisions of s 68A of the Supreme Court Act 1933 (the Supreme Court Act) elected to be tried by judge alone. The procedures to be followed in a trial by judge alone are set out in s 68C which relevantly provides:
68CVerdict of judge in criminal proceedings
(1)A judge who tries criminal proceedings without a jury may make any finding that could have been made by a jury as to the guilt of the accused person and any such finding has, for…
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