R .v. GIFFORD [2002] NSWSC 498

New South Wales Supreme Court

CITATION : R .v. GIFFORD [2002] NSWSC 498 FILE NUMBER(S) : SC 70002/02 HEARING DATE(S) : 3 June 2002 JUDGMENT DATE : 4 June 2002

PARTIES : Regina Christine Ann GIFFORD JUDGMENT OF : Barr J at 1

COUNSEL : Mr S.C. de Silva for the Crown Mr C.J. Bruce for the Accused SOLICITORS : S.E. O'Connor for the Crown James Fuggle, Solicitors for the Accused CATCHWORDS : Criminal Law - Accused found not guilty on the ground of mental illness LEGISLATION CITED : Mental Health Act 1990 DECISION : See Judgment at Paragraph 40

IN THE SUPREME COURT REVISED OF NEW SOUTH WALES COMMON LAW DIVISION

Graham Barr J

Tuesday 4 June 2002

70002/02 Regina .v. Christine Ann GIFFORD

JUDGMENT 1 HIS HONOUR: Christine Ann Gifford has pleaded not guilty to the charge that on 18 July 2000 at Drake New South Wales she murdered Megan Rose Gifford. She has elected for trial by judge alone and the Crown has consented to that form of trial. I shall explain when I review the psychiatric evidence why I think it appropriate that the accused should be tried without a jury.

2 The deceased child, Megan Rose Gifford, was killed by ligature strangulation on 18 July 2000. The accused, who was the mother of the child, does not remember the circumstances of her death and that has had consequences. First, she has not given evidence. I draw no inference against the accused from her decision not to give evidence, which is explained by her amnesia alone. Her silence may not be used to fill in any gap in the Crown case, which is a circumstantial one. A second consequence is that the accused has not challenged any of the evidence on which the Crown relies. It has therefore been possible for the Crown to present its case by the tender of the written statements of its witnesses.