R v Murray (No 2) [2024] NSWSC 536

Supreme Court New South Wales

Medium Neutral Citation: R v Murray (No 2) [2024] NSWSC 536 Hearing dates: 6 – 7 May 2024 Decision date: 09 May 2024 Jurisdiction: Common Law Before: Button J Decision: Verdicts: On the first count alleging the murder of Glenn Murray, I return a verdict against the accused, Graeme Leslie Murray, of act proven, but not criminally responsible. On the second count alleging the murder of Susan Murray, I return a verdict against the accused, Graeme Leslie Murray, of act proven, but not criminally responsible. Orders: (1) Mr Graeme Leslie Murray is to be detained at such place as may be determined from time to time by the Mental Health Review Tribunal. (2) The Registrar of the Supreme Court must notify the Minister for Health, as soon as reasonably practicable, of the terms of this judgment and the orders made by me. (3) The Registrar must notify the Mental Health Review Tribunal and Justice Health, as soon as reasonably practicable, of the terms of this judgment and the orders made by me, and to provide those bodies with the following documentation: (1) A copy of these reasons for verdict and my orders; (2) A transcript of the entire proceedings; (3) A copy of the exhibits tendered at trial; and (4) A copy of all of the victim impact statements. Catchwords: CRIME – murder – trial by judge alone – two counts – consideration of the defence of mental health impairment –no dispute that the accused committed the physical elements of murder – where accused stabbed both of his parents and thereby caused their deaths –where accused suffered from a mental health impairment that, at least, led to the consequence that he did not know the fatal acts were morally wrong – expert evidence unanimous about establishment on balance of elements of defence – extensive agreed facts – where accused had lengthy history of substance abuse and mental illness – special verdicts of act proven but not criminally responsible Legislation Cited: Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) ss 4, 28 Cases Cited: R v Murray [2024] NSWSC 503 Category: Principal judgment Parties: Rex (Crown) Graeme Leslie Murray (Accused) Representation: Counsel: P Kerr (Crown) T Quilter (Accused)