R v Franklin [2020] NSWSC 1134

Supreme Court New South Wales

Medium Neutral Citation: R v Franklin [2020] NSWSC 1134 Hearing dates: 10 – 25 August 2020 Decision date: 27 August 2020 Jurisdiction: Common Law Before: Button J Decision: Verdicts of not guilty on the ground of mental illness on a count of murder and two counts of arson (1) Mr Cody Franklin is to be detained at such place as may be determined from time to time by the Mental Health Review Tribunal. (2) The Registrar must notify the Minister for Health, as soon as reasonably practicable, of the terms of this judgment and the orders made by me. (3) The Registrar must notify the Mental Health Review Tribunal and Justice Health, as soon as reasonably practicable, of the terms of this judgment and the orders made by me, and to provide those bodies with the following documentation: (a) A copy of these reasons for verdict and my orders; (b) A transcript of these proceedings; (c) A copy of the exhibits tendered at trial; and (d) A copy of the victim impact statements. Catchwords: CRIMINAL LAW – special hearing – single count of murder and two counts of arson – accused chronically and severely mentally ill – circumstantial case – transactional evidence – powerful case against the accused – exclusion of alternative hypotheses beyond reasonable doubt – proof of physical elements only of offences in light of the defence of mental illness having been raised – unanimous position of forensic psychiatrists and parties as to appropriate verdicts if physical elements established – verdicts of not guilty on the ground of mental illness returned Legislation Cited: Mental Health (Forensic Procedures) Act 1900 (NSW), ss 39, 43 Cases Cited: Hawkins v The Queen (1994) 179 CLR 500 R v Minani (2005) 63 NSWLR 490; [2005] NSWCCA 226 R v M'Naghten (1843) 8 ER 718 Category: Principal judgment Parties: Regina (Crown) Cody Franklin (Accused) Representation: Counsel: R Kimbell (Crown) I Nash (Accused)