R v Coluccio (No 2) [2020] NSWSC 1742

Supreme Court New South Wales

Medium Neutral Citation: R v Coluccio (No 2) [2020] NSWSC 1742 Hearing dates: 4 December 2020 Decision date: 04 December 2020 Jurisdiction: Common Law - Criminal Before: R A Hulme J Decision: (1) Pursuant to s 38 of the Mental Health (Forensic Provisions) Act 1990, Vincenzo Coluccio is not guilty by reason of mental illness of the murder of Elia Coluccio. (2) Pursuant to s 39 of the Mental Health (Forensic Provisions) Act 1990, Vincenzo Coluccio is to be detained at a correctional facility or such other place as may be determined by the Mental Health Review Tribunal from time to time until released by due process of law. (3) The Registrar is to notify the Minister for Health, as soon as practicable, of the making of these orders. (4) The Registrar is to notify the Mental Health Review Tribunal and Justice Health and Forensic Mental Health Network of these orders and provide a copy of this judgment and copies of the exhibits relied on in the special hearing including the reports of Professor Greenberg, Dr Martin and Dr Cantali. Catchwords: CRIME – murder – defence of mental illness – judge alone special hearing – relapse of schizoaffective disorder during transition between medications – elderly husband stabs wife of 48 years – inability to conceive of wrongfulness – not guilty by reason of mental illness Legislation Cited: Mental Health (Forensic Provisions) Act 1990 ss 19, 21, 21A, 38, 39 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Cases Cited: R v Coluccio [2020] NSWSC 855 R v M'Naghten (1843) 8 ER 817 R v Pesamino [2002] NSWSC 1188 R v Porter (1933) 55 CLR 182 The Queen v Falconer (1990) 171 CLR 30 Category: Principal judgment Parties: Regina Vincenzo Coluccio Representation: Counsel: Mr J Sfinas (Crown) Mr R Wilson SC (Offender)