R v RB [2020] NSWSC 1552

Supreme Court New South Wales

Medium Neutral Citation: R v RB [2020] NSWSC 1552 Hearing dates: 2 November 2020, 3 November 2020, Date of orders: 4 November 2020 Decision date: 04 November 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 count 1 of the indictment of 3 August 2020. 2. Pursuant to s 39 of the Mental Health (Forensic Provisions) Act 1990 (NSW), RB is to be detained in a correctional facility, or at such other place as determined 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 verdict 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 A51, A53, A54, A57, B1–B4 and Exs. 1 and 2. Catchwords: CRIMINAL LAW – murder – defence of mental illness – judge alone trial – accused with chronic schizophrenia – drug and alcohol use exacerbating illness – 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; (1985) 20 A Crim R 388 R v Falconer (1990) 171 CLR 30; [1990] HCA 49 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 R v M'Naghten (1843) 8 ER 718 R v Porter (1933) 55 CLR 182; [1933] HCA 1 R v Tumanako (1992) 64 A Crim R 149 Taylor v R (1978) 45 FLR 343; 22 ALR 599 Category: Principal judgment Parties: Regina (Crown) RB (Accused) Representation: Counsel: B Campbell (Crown) J Watts (Accused)