R v ROBERTS [2007] NSWSC 1170

New South Wales Supreme Court

CITATION : R v ROBERTS [2007] NSWSC 1170

HEARING DATE(S) : 12 September 2007

JUDGMENT DATE : 19 October 2007

JUDGMENT OF : Fullerton J

DECISION : Not guilty by reason of mental illness.

CATCHWORDS : CRIMINAL LAW - Murder - Not guilty due to mental illness - Conditional release - Mental Health Review Tribunal

Crimes Act 1900 Criminal Procedure Act 1986 LEGISLATION CITED : Evidence Act 1995 Mental Health Act 1990 Mental Health (Criminal Procedure) Act 1990

PARTIES : Melayna Suzette Roberts (Acc) The Crown

FILE NUMBER(S) : SC 2007/2278

COUNSEL : P Menzies QC (Acc) P Barnett (Crown)

SOLICITORS : Brennan Tipple Partners (Acc) Director of Public Prosecutions (Crown)

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

FULLERTON J

FRIDAY 19 OCTOBER 2007

2007/2278 REGINA v MELAYNA SUZETTE ROBERTS

JUDGMENT HER HONOUR:

The trial proceedings 1 On 12 September 2007, Ms Melayna Suzette Roberts appeared before me for trial. On 1 June 2007, with the consent of the Crown, the trial was set down without a jury pursuant to the provisions of s 132 of the Criminal Procedure Act 1986. When arraigned Ms Roberts entered a plea of not guilty to the murder of Damon Mark Roberts at Gosford on 21 August 2006 on the grounds of mental illness. Damon Roberts was the biological child of Ms Roberts and her estranged husband Mr Rodney Roberts. He was five years of age at the time of his death. The cause of death was certified to be the combined effects of drowning and asphyxia. 2 By her own admission, made formally pursuant to s 184 of the Evidence Act 1995, Ms Roberts acknowledges that her son died on 21 August 2006, that his death was the result of her unlawful act and that her acts were accompanied with an intention to kill. Having regard to the evidence tendered before me I am satisfied that the relevant unlawful act was constituted by Ms Roberts holding her son under water in the bath at the home of her estranged husband and, that in so doing, she intended to kill him. The sole issue in the trial before me was whether Ms Roberts should be acquitted of murder on the grounds of mental illness pursuant to the provisions of s 38 of the Mental Health (Criminal Procedure) Act 1990 or convicted of his manslaughter on the basis that her capacity was substantially impaired in accordance with s 23A of the Crimes Act 1900.