R v Murray [2024] NSWSC 503

Supreme Court New South Wales

Medium Neutral Citation: R v Murray [2024] NSWSC 503 Hearing dates: 29 – 30 April 2024 Decision date: 03 May 2024 Jurisdiction: Common Law Before: Button J Decision: Various rulings made about proposed directions Catchwords: CRIMINAL PROCEDURE – judge alone trial – murder – directions – rulings before formal arraignment to commence trial – defence of mental health impairment – s 28 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) – where accused said to have been suffering from a substance-induced psychotic disorder at the time of the relevant acts – expert evidence – where psychiatrists agreed that accused had a mental health impairment as defined STATUTORY INTERPRETATION – meaning of s 4 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) – whether s 4(2)(d) operates to exclude an impairment arising from a temporary substance-induced disorder from the definition of a mental health impairment under the Act – objective intention of Parliament based on words of statute – example that features a negative attribute in 4(2)(d) not to play an excluding role STATUTORY INTERPRETATION – interpretation of exclusion from definition of mental health impairment in s 4(3) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) – whether onus falls upon prosecution or accused – "caused solely" – whether further criterion for other cause should be read into section – nullification of carveout in 4(3) not confined to causes that are significant for clinical diagnostic purposes Legislation Cited: Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) ss 4, 28, 31 Cases Cited: Fang v R (2018) 97 NSWLR 876; [2018] NSWCCA 210 M'Naghten's case [1843] EngR 875; (1843) 10 Cl & Fin 200; (1843) 8 ER 718 Miller v R [2024] NSWCCA 51 R v EC [2022] NSWSC 1088 R v Fang (No 3) (2017) 264 A Crim R 554; [2017] NSWSC 28 R v Hotoran [2023] NSWSC 1249 R v Jawid [2022] NSWSC 788 R v Miller [2022] NSWSC 802 R v Patterson (No 6) [2024] NSWSC 458 R v Sheridan [2022] NSWSC 1669 R v Thompson (No 1) [2022] NSWSC 1044 Radford v R (1985) 42 SASR 266; (1985) 20 A Crim R 388 Royall v The Queen (1991) 172 CLR 378; [1991] HCA 27 Swan v The Queen (2020) 269 CLR 663; [2020] HCA 11 Texts Cited: Anina Johnson, Dr Kerri Eagle and Corrie Goodhand, Crime and Mental Health Law in NSW: Supplement to the 3rd edition (2021, LexisNexis) New South Wales, Law Reform Commission, People with cognitive and mental health impairments in the criminal justice system: Criminal responsibility and consequences, (May 2013) Category: Principal judgment Parties: Rex (Crown) Graeme Leslie Murray (Accused) Representation: Counsel: P Kerr (Crown) T Quilter (Accused)