R v Mikiewicz [2000] NSWSC 988

New South Wales Supreme Court

CITATION : R v Mikiewicz [2000] NSWSC 988 FILE NUMBER(S) : SC 70068/99 HEARING DATE(S) : 09/10/00 10/10/00 JUDGMENT DATE : 12 October 2000

PARTIES : Regina Roman Tadeusz Mikiewicz JUDGMENT OF : Dowd J at 1

COUNSEL : Ms W Robinson- Crown Mr C Craigie- Accused SOLICITORS : CATCHWORDS : Murder - Plea of not guilty on the ground of mental illness - Judge alone trial - Fitness to plead - Psychiatric evidence - Mental Health Review Tribunal Criminal Procedure Act 1986. LEGISLATION CITED : Mental Health Act 1900. Mental Health (Criminal Procedure) Act 1990. R v Gillett [1999] NSWSC 115. R v Maxwell [1999] NSWSC 281. CASES CITED : R v Gabrabovic [1999] NSWSC 205. R v Noyes [1999] NSWSC 397. R v Fiori [2000] NSWSC 73. DECISION : 1. Not guilty of murder on the ground of mental illness; 2. The accused is to be detained at the prison hospital at Long Bay and at such other places according to law, unless released by the processes of law.

THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION

DOWD J

Thursday 12th October 2000 70068/99

REGINA v ROMAN TADEUSZ MIKIEWICZ

JUDGMENT

1 HIS HONOUR: This is a trial by way of judge alone of the accused, Roman Tadeusz Mikiewicz, who was indicted before me on a charge of murder of David Andrew Redman at Windale, a suburb of Newcastle in this State, on or about 24 May 1999. To this indictment the accused has pleaded not guilty on the grounds of mental illness. 2 The accused elected to have a trial before a judge alone on 24 August 2000, having received advice in relation to that election from his solicitor, Mr Greg Adler, and the experienced criminal trial lawyer, Mr Chris Craigie, who appears for the accused in these proceedings. 3 The Court was advised by Mr Craigie that the accused adheres to his election. There has previously been a determination by a Judge of this court that the accused is fit for trial, and the court has been advised by Mr Craigie on behalf of the accused that there is nothing to detract or in any way alter the finding that the accused is fit to be tried. 4 I am satisfied that the accused has elected to be tried in accordance with s32 of the Criminal Procedure Act 1986, and that pursuant to s32(1)(b) of that Act, I am satisfied that he has sought and received advice in relation to that election from both his barrister and solicitor, and that the election was made with the consent of the Director of Public Prosecutions. The election was made before the date fixed for his trial in this court. 5 The Crown has tendered a series of statements, together with a transcript of an electronically recorded record of interview ("ERISP"), which occurred on 23 June 1999. It is agreed that the record of interview can be taken as evidence of the contents of the ERISP, and a criminal history has been admitted into evidence. All have been admitted with the consent of the accused. 6 I have also received in evidence a number of medical reports which I will deal with later in this judgment, together with the oral evidence of Dr Bruce Westmore, forensic psychiatrist.