R v Jennings [2005] NSWSC 789

New South Wales Supreme Court

R v Jennings [2005] NSWSC 789 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 01-04/08/05

JUDGMENT DATE : 11 August 2005

Common Law Division JURISDICTION : Criminal List

JUDGMENT OF : Kirby J

DECISION : I find Mr Jennings not guilty of murder by reason of mental illness; In accordance with s39 of the Mental Health (Criminal Procedure) Act 1990, I order that Trent Jennings be detained in a hospital as a forensic patient at such place as may be determined by the Mental Health Review Tribunal, until released by due process of law.

CATCHWORDS : Criminal Practice & Procedure - Judge Alone trial - mental illness defence - alternative of substantial impairment by abnormality of mind - compliction of drugs taken before stabbing.

Crimes Act 1900 LEGISLATION CITED : Mental Health (Criminal Procedure) Act 1990 Mental Health Act 1990

M'Naghten (1833) 10 Cl and Fin 200 [8ER 718] CASES CITED : R v Ayoub (1984) 2 NSWLR 511

Regina PARTIES : Trent Jennings

FILE NUMBER(S) : SC 2004/3231

P K Lynch (Crown) P M Winch (Acc) COUNSEL :

K Calder - DPP (Crown) SOLICITORS : McGowan Lawyers (Acc)

LOWER COURT JURISDICTION :

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL LIST

JUSTICE DAVID KIRBY

Thursday 11 August 2005

2004/3231 REGINA v Trent JENNINGS

JUDGMENT ON VERDICT

1 KIRBY J: Trent Jennings stands charged with the murder of Giuseppe Vitale on 30 December 2003 at Narwee. Having had advice from Counsel, and with the consent of the Crown, Mr Jennings has elected to be tried by a Judge sitting without a jury. 2 When the accused was arraigned, he pleaded not guilty to murder, but guilty of manslaughter. His Counsel identified the basis of that plea. Medical evidence would be called in his case that, at the time of inflicting a single stab wound upon Mr Vitale, the accused was substantially impaired by an abnormality of mind (s23A Crimes Act 1900). 3 The Crown declined to accept that plea. It, too, foreshadowed medical evidence in the Crown case. A forensic psychiatrist, Dr Westmore, would give evidence that, at the time of fatally wounding Mr Vitale, the accused was suffering from mental illness, such that he was not responsible in law for his actions. According to the Crown, the appropriate verdict was not guilty of murder on the grounds of mental illness. 4 The matter has therefore proceeded as an investigation into the state of mind of Mr Jennings. There was no dispute as to the way in which Mr Vitale met his death, nor that the fatal injury was inflicted by the accused. 5 Let me first describe the circumstances leading to Mr Vitale's death.