R v Deakin [2021] NSWSC 20

Supreme Court New South Wales

Medium Neutral Citation: R v Deakin [2021] NSWSC 20 Hearing dates: 18-20 January 2021 Date of orders: 22 January 2021 Decision date: 22 January 2021 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) In accordance with section 38 of the Mental Health (Forensic Provisions) Act 1990: (i) On count 1 of the indictment being attempted murder of Thomas Winner, the accused is not guilty by reason of mental illness; (ii) On count 2 of the indictment being the murder of Gail Winner, the accused is not guilty by reason of mental illness; (iii) On count 3 of the indictment being the murder of Michael Horne, the accused is not guilty by reason of mental illness. (iv) On sequence 5 being a charge of driving while holding a learner permit and not accompanied by a driver, the accused is not guilty by reason of mental illness; (v) On sequence 6 being a charge of take and drive a conveyance without the consent of the owner, the accused is not guilty by reason of mental illness; (vi) On sequence 7 being another charge of take and drive a conveyance without the consent of the owner, the accused is not guilty by reason of mental illness; (vii) On sequence 8 being a charge of assault police officer in execution of his duty and cause actual bodily harm, the accused is not guilty by reason of mental illness; (viii) On sequence 9 being a charge of not stopping while being pursued by police, the accused is not guilty by reason of mental illness; (ix) On sequence 10 being another charge of not stopping while being pursued by police, the accused is not guilty by reason of mental illness; (2) On sequence 11 being driving while there was present a prescribed illicit drug in his blood, the accused is not guilty. (3) In accordance with section 39(1) of the Mental Health (Forensic Provisions) Act 1990, Murray Deakin 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. (4) 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: (i) a copy of these reasons for verdict and orders; (ii) the transcript of the trial; (iii) the victim impact statement of Amy Winner; (iv) copies of exhibits from the trial including the reports of Professor Greenberg, Dr Nielssen and Dr Martin. Catchwords: CRIME – mental illness – murder and attempted murder – accused killed grandmother and a member of the public – accused stabbed his grandfather – pleaded not guilty by reason of mental illness – Crown and accused's psychiatrists diagnose schizophrenia – psychiatrist raised possibility of drug induced psychosis – Crown put accused to proof but later conceded defence made out – concession correctly made – mental illness defence proven Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Criminal Procedure Act 1986 Mental Health (Forensic Provisions) Act 1990 Mental Health Act 2007 Road Transport (Driver Licensing) Regulation 2017 Road Transport Act 2013 Tribunal (Crimes (Sentencing Procedure) Regulation 2017 Cases Cited: Fang v R (2018) 97 NSWLR 876; [2018] NSWCCA 210 Goodridge v R [2014] NSWCCA 37 Hawkins v The Queen (1994) 179 CLR 500; [1994] HCA 28 McNaghten's Case (1843) 8 ER 718; (1843) Cl and F 200 R v Fang (No 3) (2017) 264 A Crim R 554; [2017] NSWSC 28 R v Jenkins (1963) 64 SR (NSW) 20 R v Kemball [2020] NSWSC 1559 R v Matheson (1958) 42 Cr App R 145 R v Minani (2005) 63 NSWLR 490; [2005] NSWCCA 226 R v Papley [2017] NSWSC 1068 R v Quinn (No 2) [2016] NSWSC 1244 R v S [1979] 2 NSWLR 1 Stapleton v The Queen (1952) 86 CLR 358; [1952] HCA 56 The King v Porter (1933) 55 CLR 182; [1933] HCA 1 Texts Cited: Judicial Commission of New South Wales, Criminal Trial Courts Benchbook at 2-1110 Category: Principal judgment Parties: Regina (Crown) Murray Deakin (Accused) Representation: Counsel: N Adams SC (Crown) J Hickleton (Accused)