R v Pesamino [2020] NSWSC 1188

Supreme Court New South Wales

Medium Neutral Citation: R v Pesamino [2020] NSWSC 1188 Hearing dates: 31 August 2020 Date of orders: 2 September 2020 Decision date: 02 September 2020 Jurisdiction: Common Law Before: Wilson J Decision: (1) Pursuant to s 38 of the Mental Health (Forensic Provisions) Act 1990 (NSW), a special verdict of not guilty by reason of mental illness is returned with respect to counts 1, 2, and 3 of the indictment of 15 November 2018. (2) Pursuant to s 39 of the Mental Health (Forensic Provisions) Act 1990 (NSW), Asalemo Dick AJ Pesamino is to be detained in a correctional facility, or at such other place as d etermined by the Mental Health Review Tribunal, until released by due process of law. (3) I direct that the Registrar notify the Minister for Health of these orders. (4) I direct that the Registrar notify the Mental Health Review Tribunal of my verdicts and of these orders. I also direct that the Registrar provide the Tribunal with a copy of these reasons and orders, a copy of the indictment, and copies of trial exhibits A, B.12, B.13, B.14, and J. Catchwords: CRIMINAL LAW – murder – assault occasioning actual bodily harm – Defence of mental illness – judge alone trial – special verdict – not guilty by reason of mental illness Legislation Cited: Criminal Procedure Act 1986 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Hawkins v The Queen (1994) 179 CLR 500; [1994] HCA 28 Radford v R (1985) 42 SASR 266 R v Falconer (1990) 171 CLR 30; [1990] HCA 49 R v M'Naghten (1843) 8 ER 718 R v Jenkins [1964] NSWR 721; (1963) 64 SR (NSW) 20; (1963) 81 WN (Pt 2) (NSW) 44 R v Michaux [1984] 2 Qd R 159; (1984) 13 A Crim R 173 Taylor v R (1978) 22 ALR 599; (1978) 45 FLR 343 The King v Porter (1933) 55 CLR 182; [1933] HCA 1 Tumanako v R (1992) 64 A Crim R 149 Category: Principal judgment Parties: Regina (Crown) Asalemo Dick AJ Pesamino (Accused) Representation: Counsel: A Robertson (Crown) S Walsh (Accused)