NSW Caselaw
New South Wales Supreme Court
CITATION : REGINA v. AMETE [2000] NSWSC 439 CURRENT JURISDICTION: Criminal FILE NUMBER(S) : SC No. 70087 of 1999 HEARING DATE(S) : Wednesday 24 May 2000 JUDGMENT DATE : 24 May 2000
PARTIES : REGINA v. AMETE, Matalena JUDGMENT OF : Greg James J at 1
COUNSEL : Crown: W. Robinson Offender: T. Evers (Sol) SOLICITORS : Crown: S.E. O'Connor Offender: T.A. Murphy CATCHWORDS : Criminal law - homicide and assault - mental illness - special verdict. LEGISLATION CITED : Mental Health (Criminal Procedure) Act 1990 Gillett [1999] NSWSC 115 CASES CITED : Maxwell [1999] NSWSC 281 Gavranovic [1999] NSWSC 205 Noyes [1999] NSWSC 397 DECISION : Special verdict of not guilty by reason of mental illness pursuant to s.38 of the Mental Health (Criminal Procedure) Act 1990. Order made under s.39.
IN THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION
No. 70087 of 1999
GREG JAMES, J.
WEDNESDAY 24 MAY 2000
REGINA v. MATALENA AMETE
JUDGMENT
1 HIS HONOUR: The accused, Matalena Amete, stands charged that on or about 17 June 1999 at Revesby she did feloniously slay her son Samani Amete. She is also charged that at that time and place she assaulted her daughter Deborah Amete occasioning actual bodily harm to her, assaulted her daughter Melissa, assaulted her son Simon and assaulted her daughter Josephine. An indictment to that effect was presented today. To each of those matters before me today she has pleaded not guilty upon her arraignment but has qualified that plea, in each and every case, in that she has pleaded not guilty by reason of mental illness. 2 She had, in accordance with s.32(1) of the Criminal Procedure Act 1986, on the charge of manslaughter, on which she had been originally indicted, that is, on the first count in the present indictment, elected to be tried by a judge alone. As I understand that election, and the course that the Crown and the defence seek, I take the election will apply to all the offences on which she is now indicted. Would you confirm that, please, Madam Crown?
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