REGINA v Marlene Xenia REIS [2005] NSWSC 707

New South Wales Supreme Court

CITATION : REGINA v Marlene Xenia REIS [2005] NSWSC 707

HEARING DATE(S) : 20.6.05, 21.6.05

JUDGMENT DATE : 15 July 2005

JURISDICTION : Common Law

JUDGMENT OF : Mathews AJ

DECISION : Not guilty on the ground of mental illness.; Special orders made under s 39 of the Mental Health (Criminal Procedure) Act 1990

Mental Health (Criminal Procedure Act 1990 LEGISLATION CITED : Mental Health Act 1990

REGINA - Crown PARTIES : REIS, Marlene Xenia REIS - Accused

FILE NUMBER(S) : SC 7000/03

Crown: Mr P Barrett COUNSEL : Accused: Mr P Boulten SC

Crown - S C Kavanagh SOLICITORS : Ford Criminal Lawyers

LOWER COURT JURISDICTION :

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

MATHEWS AJ

15 July 2005

70003/03

REGINA v Marlene Xenia REIS REASONS FOR VERDICT

Introduction

1 This is a special hearing pursuant to section 18 of the Mental Health (Criminal Procedure) Act 1990 ("the Act"). The accused has been charged with murder following the stabbing death of her husband on 4 September 2002. 2 On 27 June 2003, the accused was found to be unfit to be tried pursuant to section 11A of the Act. On 4 February 2004, the Mental Health Review Tribunal ("The Tribunal") determined pursuant to section 16(1) of the Act that, on the balance of probabilities, the accused would not become fit to be tried within twelve months of 27 June 2003. On 10 March 2004, the NSW Attorney General directed that a special hearing be conducted pursuant to section 18 of the Act. 3 Before the commencement of the special hearing the Crown Prosecutor tendered an election under s 21A of the Act, signed by the accused, to have the hearing conducted by judge alone. The Crown consented to this course. Before signing the election the accused received advice from her solicitor, Ms Havryliv, in the presence of her treating psychiatrist, Dr Michael Guiffrida. Dr Guiffrida was satisfied that she understood the nature of the election and what flowed from it. 4 The special hearing commenced on 20 June 2005. Although it was not necessary for the accused to be arraigned, she asked through her counsel for this to be done. She then pleaded not guilty to the charge of murdering Michael Steven Reis. The only defence raised was that of mental illness. 5 The circumstances of the offence were in no way disputed at the hearing. It was accepted that the accused was criminally responsible for the killing of her husband. However given that this is a special hearing, it remains incumbent upon me to make a finding, beyond reasonable doubt, that the accused killed the deceased, intending at the time to kill him or inflict grievous bodily harm. Only then can the issue of mental illness arise. 6 I therefore turn to discuss the circumstances of the killing.