R v Moore [2020] NSWSC 1561

Supreme Court New South Wales

Medium Neutral Citation: R v Moore [2020] NSWSC 1561 Hearing dates: 3 November 2020 Date of orders: 3 November 2020 Decision date: 03 November 2020 Jurisdiction: Common Law Before: Johnson J Decision: 1. In accordance with s.38 Mental Health (Forensic Provisions) Act 1990, the Accused, Benjamin Laurence Moore, 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 Benjamin Laurence Moore 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 the Court's reasons for verdict and orders; (2) a transcript of the trial; (3) a copy of the documents contained within Exhibit A tendered at the trial, including the reports of Dr Nielssen and Dr Martin; (4) a copy of the victim impact statements of Emily Stevens, Ruth Lorraine Stevens, Theepa Puvanachandran and Louise Staples, each of which was tendered in the proceedings. (c) The Registrar is to notify Justice Health, as soon as practicable, of the verdict and orders in this matter and provide to Justice Health copies of the Court's reasons for verdict and orders together with copies of the reports of Dr Nielssen and Dr Martin. Catchwords: CRIMINAL LAW - Judge-alone trial - murder - defence of mental illness - accused kills next door neighbour in knife attack - explosive acts of violence occur without provocation or rational explanation - accused with long history of mental illness - chronic schizophrenia - delusions and persecutory beliefs - expert psychiatric evidence unanimously indicates defence of mental illness available - 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: Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 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 Falconer (1990) 171 CLR 30; [1990] HCA 49 R v Hall (1988) 36 A Crim R 368 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 The King v Porter (1933) 55 CLR 182; [1933] HCA 1 Tumanako v R (1992) 64 A Crim R 149 Texts Cited: --- Category: Principal judgment Parties: Regina (Crown) Benjamin Laurence Moore (Accused) Representation: Counsel: Mr F Veltro SC; Ms M Knowles (Crown) Ms C Wasley (Accused)