R v Mailes [2003] NSWSC 707

Reported Decision : 142 A Crim R 353

New South Wales Supreme Court

CITATION : R v Mailes [2003] NSWSC 707 revised - 21/10/2003 HEARING DATE(S) : 24/3/03 - 22/4/03, 28/7/03 JUDGMENT DATE : 1 August 2003 JURISDICTION: Common Law Division JUDGMENT OF : Wood CJatCL at 1 DECISION : HIS HONOUR: 1. I determine that, if the special hearing had been a normal trial of criminal proceedings against a person who was fit to be tried for the offence of murder, which the defendant has been found to have committed, I would have imposed a sentence of imprisonment; 2. I nominate a limiting term in respect of that offence of 25 years to commence from 28 March 1996, being the date from which the defendant has been held in custody; 3. In accordance with the requirements of section 24 of the Mental Health (Criminal Procedure) Act, I refer the defendant to the Mental Health Review Tribunal; 4. Pending notification of the determination of the Tribunal and also pending further order of the Court, I order that the defendant be detained in a Correctional Centre.

CATCHWORDS : CRIMINAL LAW - Special Hearing - Murder - Limiting Term. Crimes (Sentencing Procedure) Act 1999: sections 3A(c), 21A, 61(1) LEGISLATION CITED : Mental Health Criminal Procedure Act 1990: sections 19, 23(1) Sentencing Act 1989 Eastman v DPP (ACT) [2003] HCA 28 R H McL v The Queen (2000) 203 CLR 452 R v Bedford (1986) 5 NSWLR 711 R v Gilmore (1979) 1 A Crim R 416 R v Merritt [2000] NSWCCA 365 CASES CITED : R v Mitchell (1999) 108 A Crim R 85 R v Mitchell [2002] NSWCCA 380 R v MM [2002] NSWCCA 431 R v Scognamiglio (1991) 56 A Crim R 81 R v Twala NSWCCA 4 November 1994 Veen v The Queen (No 2) (1988) 164 CLR 465 Weininger v The Queen [2003] HCA 14 PARTIES : Regina Graham Edward Mailes FILE NUMBER(S) : SC 70084/02 COUNSEL : P Conlon SC (Crown) D Dalton SOLICITORS : S E O'Connor D J Humphreys