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The State of Western Australia v Tarau

The State of Western Australia v Tarau

Case [2005] WASC 290 21 December 2005

Criminal Liability

Mental Impairment

Unsoundness of Mind

Deprivation of Capacity

Expert Evidence

Criminal Law

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THE STATE OF WESTERN AUSTRALIA -v- TARAU [2005] WASC 290

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2005] WASC 290
Case No:	INS:82/2005	Heard:	19 DECEMBER 2005
Coram:	MILLER J	Delivered:	21/12/05
No of pages:	24	Judgment Part:	1 of 1
Result:	Verdict of not guilty on account of unsoundness of mind on counts 1 and 3 Custody order made
Category:	B
PDF Version

Parties:	THE STATE OF WESTERN AUSTRALIA DES ANZAC JUNIOR TARAU
Catchwords:	Criminal law Attempted murder Grievous bodily harm Turns on own facts Criminal procedure Trial by Judge alone Issue of insanity No dispute in relation to medical evidence Turns on own facts
Legislation:	Criminal Code (WA), s 1, s 4, s 27, s 283, s 294(1) Criminal Law (Mentally Impaired Accused) Act 1996 (WA), s 21, s 24 Criminal Procedure Act 2004 (WA), s 118, s 126(1)(d), s 147(2), s 149(1)
Case References:	Armanasco v the Queen (1951) 52 WALR 78 R v Porter (1933) 55 CLR 182 Ward v The Queen (2000) 23 WAR 254 Nil

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CRIMINAL

CITATION : THE STATE OF WESTERN AUSTRALIA -v- TARAU [2005] WASC 290 CORAM : MILLER J HEARD : 19 DECEMBER 2005 DELIVERED : 21 DECEMBER 2005 FILE NO/S : INS 82 of 2005 BETWEEN : THE STATE OF WESTERN AUSTRALIA

State

AND

DES ANZAC JUNIOR TARAU

Accused

Catchwords:

Criminal law - Attempted murder - Grievous bodily harm - Turns on own facts

Criminal procedure - Trial by Judge alone - Issue of insanity - No dispute in relation to medical evidence - Turns on own facts

Legislation:

Criminal Code (WA), s 1, s 4, s 27, s 283, s 294(1)

Criminal Law (Mentally Impaired Accused) Act 1996 (WA), s 21, s 24
Criminal Procedure Act 2004 (WA), s 118, s 126(1)(d), s 147(2), s 149(1)

(Page 2)

Result:

Verdict of not guilty on account of unsoundness of mind on counts 1 and 3

Custody order made

Category: B

Representation:

Counsel:

State : Mr M Mischin

Accused : Mr G P O'Brien

Solicitors:

State : State Director of Public Prosecutions

Accused : Bayly & O'Brien

Case(s) referred to in judgment(s):

Armanasco v The Queen (1951) 52 WALR 78
R v Porter (1933) 55 CLR 182
Ward v The Queen (2000) 23 WAR 254

Case(s) also cited:

Nil

(Page 3)

1 MILLER J: Des Anzac Junior Tarau ("the accused") is charged on an indictment which alleges three counts:

(1) On 6 March 2004 at Middle Swan he attempted unlawfully to kill Debbie Grace Freeman.

(2) In the alternative to count 1, on the same date and at the same place with intent to maim, disfigure, disable, or do some grievous bodily harm to Debbie Grace Freeman, he unlawfully did grievous bodily harm to her.

(3) On the same date and at the same place with intent to maim, disfigure, disable, or do some grievous bodily harm to Christopher Terence Morley he unlawfully did grievous bodily harm to him.

2 To…

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 The State of Western Australia v Tarau

Details

AGLC: The State of Western Australia v Tarau [2005] WASC 290
Case: [2005] WASC 290
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Western Australia, the accused, Des Anzac Junior Tarau, was charged with attempted murder and grievous bodily harm. The accused was found to have committed an attempted murder of Debbie Grace Freeman and grievous bodily harm to Christopher Terence Morley. However, the accused pleaded not guilty on the basis of unsoundness of mind. The trial proceeded on the basis of a Statement of Material Facts without the need for witnesses. The court accepted the evidence of Dr Bryan Tanney, a consultant psychiatrist, who expressed the opinion that the accused was suffering from paranoid schizophrenia and was unable to control his actions and know that he ought not to do the acts he did because they were wrong. The court found the accused not guilty on account of unsoundness of mind on counts 1 and 3. A custody order was made under the Criminal Law (Mentally Impaired Accused) Act 1996.

Orders