NSW Caselaw
New South Wales Supreme Court
CITATION : R v Huy Pham [2007] NSWSC 1313
HEARING DATE(S) : 13 November 2007
JUDGMENT DATE : 15 November 2007
JUDGMENT OF : James J
EX TEMPORE JUDGMENT DATE : 15 November 2007
DECISION : Accused not guilty by reason of mental illness
CATCHWORDS : CRIMINAL LAW - Mental illness - M'Naghten rules - accused not knowing what he was doing was morally wrong
LEGISLATION CITED : Mental Health (Criminal Procedure) Act
CASES CITED : M'Naghten Case (1843) 10 Cl&F 200; 8 E.R. 718 Stapleton v The Queen (1952) 86 CLR 358
PARTIES : R v Huy Pham
FILE NUMBER(S) : SC 2005/3119
COUNSEL : JN Bowers - Crown JS Manuell - Accused
SOLICITORS : Director of Public Prosecutions
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
JAMES J
THURSDAY 15 NOVEMBER 2007
2005/3119001-5 REGINA v HUY PHAM
JUDGMENT 1 HIS HONOUR: On 13 November 2007 the accused, Huy Pham, was indicted before me in a judge-alone trial on the following charges that: (1) on 4 August 2004 at Cabramatta he murdered Chi Cong Pham (2). on 4 August 2004 at Cabramatta he shot at Joanne Ngo with intent to murder her (3) on 4 August 2004 at Riverwood he threatened to use an offensive weapon, a pistol, with intent to commit an indictable offence (4) on 4 August 2004 he maliciously damaged by fire a pharmacy at Riverwood the property of Joanne Ngo (5) on 4 August 2004 at Cabramatta he used a firearm, a pistol, without being authorised to do so (6) on 4 August at Liverpool he possessed a pistol without being authorised to do so
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