R v Lambros [2023] NSWSC 462

Supreme Court New South Wales

Medium Neutral Citation: R v Lambros [2023] NSWSC 462 Hearing dates: 01 May 2023 Date of orders: 01 May 2023 Decision date: 01 May 2023 Jurisdiction: Common Law Before: Hamill J Decision: (1) A special verdict be entered, pursuant to s 31 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), namely the act is proven but the defendant is not criminally responsible due to mental impairment. (2) Pursuant to ss 33 and 34 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), the defendant is to be detained in a correctional facility or such other place as determined by the Mental Health Review Tribunal, until he is released by due process of law. (3) That the Registrar notify the Minister for Health of these orders within 7 days. (4) That the Registrar notify the Mental Health Review Tribunal of the verdict and these orders within 7 days. (5) That the Registrar provide the Mental Health Review Tribunal with a copy of this judgment, orders and exhibits tendered within 7 days. (6) That the Registrar notify Justice Health of the verdict and orders, and provide a copy of the judgment, orders and exhibits to Justice Health within 7 days. (7) There is to be no publication of the victim impact statement (Exhibit B). It will be put in an envelope and marked not to be opened except by order of a judge of this Court. If there is any application for access to the court file, that document is not to be released until the parties have had an opportunity to be heard. An exception to the non-publication order is that Exhibit B will go with the other exhibits to the Mental Health Review Tribunal. It will not be sent to Justice Health. The Registrar to be notified accordingly. Catchwords: CRIMINAL LAW – murder – stabbing – special verdict – mental health impairment – where victim and accused took drugs together – where accused formed delusional belief that victim poisoned him – where parties agree that defence of mental impairment is established – evidentiary hearing – hearing conducted before trial commenced – procedural provisions – where accused made repeated complaints of physical symptoms and belief that victim tried to kill him – opinions expressed by psychiatrists retained by both parties – joint opinion that accused suffered mental impairment and did not know his actions were wrong – special verdict entered – consequential orders – receipt of victim impact statement – privacy and non-publication order Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 30L, 30L(1), 30L(2), 30N, 30N(4) Crimes Act 1900 (NSW), s 23A Criminal Procedure Act 1986 (NSW), ss 132(2), 141, 143 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 4, 28, 31, 33, 33(1), 33(1)(b), 33(2), 34, 78(c), Pt 5 Cases Cited: R v Gough [2021] NSWDC 180 R v Jackson [2021] NSWSC 1404 R v Lailna [2023] NSWSC 48 R v Siemek (No 1) [2021] NSWSC 1292 R v Tonga [2021] NSWSC 1064 Category: Principal judgment Parties: Rex John Lambros Representation: Counsel: F Gray (Rex) J Brock (Lambros)