R v Shane GILL [2009] NSWDC 229

New South Wales District Court

CITATION: R v Shane GILL [2009] NSWDC 229

HEARING DATE(S): 24 - 27 August 2009

JUDGMENT DATE: 27 August 2009

JURISDICTION: Criminal

JUDGMENT OF: Knox SC DCJ

DECISION: I find the accused not guilty by reason of mental illness.

CATCHWORDS: Criminal law - Sexual assault - Special hearing - Judge alone hearing - Directions - Chronic schizo affective disorder - Hallucinations - Voices - Disordered thought processes - Hawkins and Minani:questions to be asked and order of questions to be asked on consent and knowledge where insanity raised - Not guilty by reason of mental illness - Conditions of release - Compliance with medication

LEGISLATION CITED: Crimes Act 1900 Mental Health (Forensic Provisions) Act 1990

Doe v R [2008] NSWCCA 203 Flemming v R (1998) 197 CLR 250 CASES CITED: Hawkins v The Queen (1994) 179 CLR 500 R v Minani [2005] NSWCCA 226 R v M'Naghten (1843) All ER 229 R v Hawkins (1994) 122 ALR 27

TEXTS CITED: US Diagnostic Manual of Mental Disorders

PARTIES: The Crown Shane Gill

FILE NUMBER(S): DC 2007/9773

COUNSEL: Crown: Mr D Williams Defence: Mr J Doris

SOLICITORS: Crown: NSW DPP Defence: Dribbus Kovcevic

JUDGMENT

Indictment

1 The accused has been charged on an indictment containing the following count: On or about 23 February 2007 at Towradgi in the state of New South Wales, did have sexual intercourse with CD without consent and knowing that CD had not consented to the sexual intercourse.

2 This charge was brought after an incident in which sexual intercourse is alleged to have taken place between the complainant and the accused at the complainant's home in the early hours of the morning of 23 February 2007. The principal issues in the trial are whether the sexual intercourse that occurred was without consent and the accused's mental capacity at the time.