R v Kerollos [2021] NSWSC 259

Supreme Court New South Wales

Medium Neutral Citation: R v Kerollos [2021] NSWSC 259 Hearing dates: 23-26 February 2021 Decision date: 25 March 2021 Jurisdiction: Common Law Before: Hidden AJ Decision: Verdict of not guilty by reason of mental illness. Accused directed to be detained. Catchwords: CRIMINAL LAW – murder – defence of mental illness – stabbing by accused of his wife – history of mental illness – delusional beliefs that she had been unfaithful and promiscuous Legislation Cited: Mental Health (Forensic Provisions) Act 1990 (NSW), s 38(1) Cases Cited: Hawkins v The Queen (1994) 179 CLR 500 R v Minani (2005) 63 NSWLR 490, [2005] NSWCCA 226 R v M'Naghten (1843) 8 ER 718 The King v Porter (1936) 55 CLR 182 Category: Principal judgment Parties: Regina (Crown) Mourad Kerollos (Defendant) Representation: Counsel: P Barrett (Crown) C Davenport SC (Defendant)

Solicitors: Office of the Director of Public Prosecutions (Crown) SAS Lawyers (Defendant) File Number(s): 2019/156203 Publication restriction: Nil

Judgment 1. The accused, Mourad Kerollos, is on trial before me, sitting without a jury, for the murder of his wife, Gihan Kerollos. It is not in dispute that on the evening of 18 May 2019, outside the Prince of Wales Hospital at Randwick, he stabbed her a number of times in and around the neck and the upper chest, severing her carotid artery and jugular vein and causing her death. There is, in any event, abundant evidence establishing that fact beyond reasonable doubt. The only issue in the case is whether the accused has available to him the defence of mental illness. 2. On that issue I received reports and oral evidence from two respected forensic psychiatrists, to which I shall turn later. The other evidence in the case, relating to the background and circumstances of the tragic incident, is summarised in a comprehensive statement of agreed facts.