Regina v Kinloch [2004] NSWSC 998

New South Wales Supreme Court

CITATION : Regina v Kinloch [2004] NSWSC 998 HEARING DATE(S) : 11/10/04, 12/10/04, 13/10/04 JUDGMENT DATE : 29 October 2004

JURISDICTION: Common Law Criminal List JUDGMENT OF : M W Campbell AJ DECISION : Not guilty by reason of mental illness. Order under s39 of Mental Health (Criminal Procedure) Act 1990.

CATCHWORDS : Murder - defence of mental illness. Criminal Procedure Act 1986 ss132,133 LEGISLATION CITED : Mental Health Act 1990 Mental Health (Criminal Procedure) Act 1990 ss37,38,39 Fleming v R (1998) 197 CLR 250 Hawkins v The Queen [1994] 179 CLR 500 CASES CITED : Regina vMcNaughton (1853) 8 ER 718 Rex v Porter (1933) 55 CLR 182 Rex v Sodeman (1943) 455 CLR 191 PARTIES : Regina Gregory Philip Matthew KINLOCH FILE NUMBER(S) : SC 04/7003 COUNSEL : P K Lynch (Crown) J S Stratton SC (Accused) SOLICITORS : N Lawless - DPP (Crown) A Goodridge - (Accused)

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

M W CAMPBELL AJ

Friday 29 October 2004

04/7003/

Regina v Gregory Philip Matthew KINLOCH

JUDGMENT 1 M W CAMPBELL AJ: On 11 October 2004 Gregory Philip Matthew Kinloch was indicted before me on a charge of murder, namely, that on 28 August 2003 at North Ryde he did murder June Mary Booth. 2 The accused pleaded not guilty. He elected to be tried by a Judge alone pursuant to s 132 of the Criminal Procedure Act 1986. The Director of Public Prosecutions gave the necessary consent. 3 It is appropriate before commencing upon this judgment that I should remind myself of the provisions of subsections 133(2) and (3) of the Criminal Procedure Act 1986 which provide: "133 (1)…….. (2) A judgment by a Judge in any such case must include the principles of law applied by the Judge and the findings of fact on which the Judge relied. (3) If any Act or law requires a warning to be given to a jury in any such case, the Judge is to take the warning into account in dealing with the matter."