R v Kemball [2020] NSWSC 1559

Supreme Court New South Wales

Medium Neutral Citation: R v Kemball [2020] NSWSC 1559 Hearing dates: 2 November 2020 Date of orders: 4 November 2020 Decision date: 04 November 2020 Jurisdiction: Common Law Before: Johnson J Decision: 1 In accordance with s.38 Mental Health (Forensic Provisions) Act 1990, the Accused, Peter John Kemball, is found not guilty of the charge of murder on the grounds of mental illness. 2 In accordance with s.39(1) Mental Health (Forensic Provisions) Act 1990, an order is made that Peter John Kemball be detained in a correctional facility or at such other place as may be determined from time to time by the Mental Health Review Tribunal, until released by due process of law. 3 In addition: (a) the Registrar is to notify the Minister for Health, as soon as practicable, of the making of these orders; (b) the Registrar is to notify the Mental Health Review Tribunal, as soon as practicable, of the making of these orders and is to provide to that Tribunal the following documentation: (1) a copy of these reasons for verdict and orders; (2) the transcript of the trial; (3) copies of exhibits from the trial including the reports of Professor Greenberg and Dr Nielssen; (4) copies of the victim impact statements of Adam Douglas and Sean Douglas. (c) the Registrar is directed to notify Justice Health, as soon as practicable, of the verdict and orders in this matter and provide to Justice Health copies of the following documents: (1) a copy of these reasons for verdict and orders; (2) copies of the reports of Professor Greenberg and Dr Nielssen. Catchwords: CRIMINAL LAW - Judge-alone trial - murder - defence of mental illness - mental health professional killed in course of duty by mentally ill person being treated in the community - accused with long history of mental illness - schizophrenia or schizoaffective disorder - medical expert evidence unanimously indicates defence of mental illness available - delusions involving persons including deceased - verdict of not guilty by reason of mental illness - victim impact statements received under s.30L Crimes (Sentencing Procedure) Act 1999 - importance of victim impact statements - order that accused be detained under s.39(1) Mental Health (Forensic Provisions) Act 1990 Legislation Cited: Court Suppression and Non-publication Orders Act 2010 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Mental Health Act 2007 Mental Health (Forensic Provisions) Act 1990 Cases Cited: Fang v R (2018) 97 NSWLR 876; [2018] NSWCCA 210 Hawkins v The Queen (1994) 179 CLR 500; [1994] HCA 28 Lucas v The Queen (1970) 120 CLR 171; [1970] HCA 14 Mizzi v The Queen (1960) 105 CLR 659; [1960] HCA 77 R v Hall (1988) 36 A Crim R 368 R v Jenkins (1963) 64 SR (NSW) 20 R v Klamo (2008) 18 VR 644; [2008] VSCA 75 R v Minani (2005) 63 NSWLR 490; [2005] NSWCCA 226 R v M'Naghten (1843) 8 ER 718 R v Radford (1985) 42 SASR 266 R v Rodriguez [2010] NSWSC 198 The King v Porter (1933) 55 CLR 182; [1933] HCA 1 The Queen v Falconer (1990) 171 CLR 30; [1990] HCA 49 Tumanako v R (1992) 64 A Crim R 149 Texts Cited: --- Category: Principal judgment Parties: Peter John Kemball (Accused) Regina (Crown) Representation: Counsel: Mr PE Barrett (Crown) Ms H Shaw, solicitor (Accused)