R v Adams [2001] NSWSC 1042

Reported Decision : 126 A Crim R 264

New South Wales Supreme Court

CITATION : R v Adams [2001] NSWSC 1042 CURRENT JURISDICTION: Criminal Division FILE NUMBER(S) : SC 70061/99 24 - 26 July 2001 30 - 31 July 2001 HEARING DATE(S) : 31 August 2001 7 September 2001 12 September 2001 19 October 2001 JUDGMENT DATE : 23 November 2001

PARTIES : Regina Debbie Marie Adams JUDGMENT OF : Sperling J at 1

COUNSEL : T. Hoyle SC for the Crown G. Turnbull for the Accused SOLICITORS : K. Thompson for the Director of Public Prosecutions Forsters Solicitors for the Accused CATCHWORDS : Criminal Law - determination of limiting term following limited finding of offences at a special hearnig, the offender having been found unfit to be tried Crimes Act 1900, s23A LEGISLATION CITED : Mental Health Act 1990, s89 Mental Health (Criminal Procedure) Act 1991, s19, s22, s23, s24, s27 Engert (1995) 84 A Crim R 67 Garforth (NSWCCA, 23 May 1994, unreported) Letteri (NSWCCA, 18 March 1992, unreported) CASES CITED : Mitchell (1999) 108 A Crim R 85 Scognamiglio (1991) 56 A Crim R 81 Street (NSWCCA, 17 December 1996, unreported) Veen v The Queen (No.2) 164 CLR 465 DECISION : (1) For the offence of malicious wounding with intent to cause grievous bodily harm, I nominate a limiting term of one year, commencing on 26 January 1999 and expiring on 25 January 2000; (2) For the offence of manslaughter, I nominate a limiting term of five years commencing on 26 January 2000 and expiring on 25 January 2005; (3) I refer the offender to the Mental Health Review Tribunal; (4) I order that the offender be held in strict custody.