R v Lisa Joy Beattie [2007] NSWDC 53

New South Wales District Court

CITATION: R v Lisa Joy Beattie [2007] NSWDC 53

HEARING DATE(S): 26-28 March 2007

JUDGMENT DATE: 28 March 2007

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: On the limited evidence available, the accused committed the charge contained in first count in the indictment. [60]

CATCHWORDS: Criminal Law - Special Hearing - Malicious wounding with intent GBH - Meaning of wounding, intent, GBH.

LEGISLATION CITED: Mental Health (Criminal Procedure) Act 1990 s.14.

CASES CITED: Subramanian v The Queen (2004) 79 ALJR 116

PARTIES: Regina Lisa Joy Beattie

FILE NUMBER(S): 06/21/0160

SOLICITORS: Crown: Mr C White - Office of Director of Public Prosecution Accused: Mr R Leary - Legal Aid Commission of NSW

JUDGMENT

1 HIS HONOUR: On 24 May 2006, Lisa Joy Beattie was committed for trial upon two charges. On 30 August 2006 his Honour Judge Robison found her unfit to stand trial. In accordance with s 14 of the Mental Health (Criminal Procedure) Act 1990, he referred the matter to the Mental Health Review Tribunal.

2 For some reason that I need not explore, the tribunal only received the referral on 1 November 2006.

3 On 8 December 2006 it determined, on the balance of probabilities that Ms Beattie would not, during the period of 12 months after the finding of unfitness become fit to be tried upon the two charges. That determination requires this Court to conduct a Special Hearing of the charges upon which Miss Beattie has been committed for trial last May.

4 I have satisfied myself the charges upon which she was unfit to be tried are the charges before the Court. These charges are

(1) that on 21 January 2006 at Bankstown in the State of New South Wales, she maliciously wounded Aminah Hamdoun with intent to do grievous bodily harm. (2) In the alternative she is charged that at the same time and place, she maliciously wounded Aminah Hamdoun