R v Francis Herbert MURRAY [2006] NSWSC 165

New South Wales Supreme Court

CITATION : R v Francis Herbert MURRAY [2006] NSWSC 165

HEARING DATE(S) : 13/03/06

JUDGMENT DATE : 22 March 2006

JUDGMENT OF : Newman AJ

DECISION : Refer para 20

CATCHWORDS : Criminal Law - Accused found not guilty on the ground of mental illness

LEGISLATION CITED : Criminal Procedure Act 1986 Evidence Act 1995

CASES CITED : R v Mc Naghten (1843) 10 Cl & Fin 200 Stapleton v The Queen (1952) 86 CLR 358

PARTIES : REGINA Francis Herbert MURRAY

FILE NUMBER(S) : SC 1827/05

COUNSEL : Mr P. Barnett (Crown) Ms M. Zahra (Solicitor) (Accused)

SOLICITORS : Mr G. Whitaker (Crown) Legal Aid Commission (Accused)

- 8 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

ACTING JUSTICE NEWMAN

22 March 2006

1827/05 REGINA v Francis Herbert MURRAY

JUDGMENT

1 HIS HONOUR: Francis Herbert Murray has been indicted for the murder of David Cyril Dodman at North Gosford in this State on 1 June 2005. To that charge he has pleaded not guilty and has raised a defence of mental illness. 2 Pursuant to section 132(1) of the Criminal Procedure Act he has elected to be tried by a judge alone and the Crown has consented to that election. 3 Additionally, he has pursuant to section 184 of the Evidence Act 1995 admitted in writing that he committed the act which caused the death of David Dodman. In open court he orally confirmed that admission. 4 It is thus my task to find the facts of the matter and to determine first, if the Crown has established beyond reasonable doubt that the admitted act of the accused in killing David Dodman falls within the ambit of the crime of murder. Second, if so, has the accused established on a balance of probabilities his defence of mental illness within the framework of the Mc Naghten rules. 5 My task in finding the facts relating to the killing of David Dodman has been assisted by the tender of the Crown of a statement of facts, the contents of which were not challenged by Ms Zahra, solicitor, who appeared for the accused. Since reserving my decision I have read the case statements and materials tendered by the Crown as its case. Having done so, I find the Crown case statement is an accurate account of the facts relating to the killing of David Dodman by the accused and I have adopted the bulk of that statement as my findings of fact. I thus find as follows:- At the time of the death of David Dodman, the accused was a 22-year old single man and has been acquainted with the deceased's son (Rick Dodman) and the Dodman family for many years. Towards the latter part of 2004 the accused became hostile towards the deceased's son and on several occasions went to the family home at 2 Marangarni Avenue, North Gosford where he damaged property and provoked physical confrontations. The accused was admitted to hospital and diagnosed with a mental illness, having suffered a psychosis in January 2005. He was discharged after a short time, with instructions as to medication and case conferencing. Within weeks of being discharged the accused returned to work where he again, began to suffer delusions about the Dodman family. Shortly before 4pm, Wednesday the 1st June 2005, the accused went to the Dodman's home, where he waited for the deceased to arrive home. When the deceased arrived home, the evidence suggests that the accused approached the deceased at the carport and a confrontation took place. This confrontation continued to the back yard of the premises at which time the accused stabbed the deceased multiple times to the head and neck. Neighbours witnesses the confrontation and stabbing and called the police. When police arrived they observed the accused sitting on the deceased, still stabbing the deceased. Police called on the accused to drop the knife and move away from the deceased. He complied and was subsequently arrested. Mr Dodman was deceased, as a result of multiple stab wounds inflicted to his head and neck. The accused was in an apparent state of shock and was conveyed to Gosford Hospital. Early attempts to speak with the accused by the police were unsuccessful, as the accused remained mute. Dr Giuffrida, forensic psychiatrist, has examined the accused and a report of the 26 August has been supplied by the Crown. It is Dr Giuffrida's belief that at the time of the offence, the accused was labouring under a defect of reason, namely the delusional belief [that the Dodman family intended to seriously harm or kill him], arising from a disease of the mind, namely paranoid schizophrenia.