R v Biggs [2007] NSWSC 932

New South Wales Supreme Court

CITATION : R v Biggs [2007] NSWSC 932

HEARING DATE(S) : 15/8/07, 16/8/07, 20/8/07

JUDGMENT DATE : 22 August 2007

JUDGMENT OF : Bell J at 1

DECISION : Not guilty by reason of mental illness; To be detained in a correctional facility or such other facility as the Mental Health Review Tribunal may direct until released by due process of law

CATCHWORDS : Trial by judge alone - defence of mental illness

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

CASES CITED : R v McNaghton (1843) 8 ER 718 R v Porter (1933) 55 CLR 182

PARTIES : Regina John David Biggs (Accused)

FILE NUMBER(S) : SC 2006/2506

COUNSEL : P Barnett (Crown) M Austin (Accused)

SOLICITORS : Office of the Director of Public Prosecutions Legal Aid Commission of NSW (Accused)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

BELL J

Wednesday 22 August 2007

2006/2506 Regina v John David Biggs

JUDGMENT 1 BELL J: The accused, John David Biggs, was arraigned on 16 August 2007 on an indictment, which charged him with the murder of Rhonda Shirley Trainor on 2 November 2005 at Forbes. He pleaded that he was not guilty of that offence. 2 Prior to his arraignment, the accused signed an election pursuant to s 132 of the Criminal Procedure Act 1986 (NSW) asking that he be tried by a judge alone. I was satisfied that before making the election the accused had sought and received advice about the election from his counsel. The Director of Public Prosecutions consented to trial by judge alone and the trial proceeded before me without a jury. 3 The offence of murder requires the Crown to prove beyond reasonable doubt that the death of the deceased was caused by the deliberate act of the accused and that at the time of doing the act or acts that caused death the accused intended thereby to kill or to do grievous bodily harm. 4 The facts relating to the offence are not in issue. The accused consented to much of the evidence being led by the tender of statements and transcripts of interviews between the police and a number of child witnesses. 5 The accused made the following admission on the advice of his counsel pursuant to the provisions of s 184 of the Evidence Act 1995 (NSW): 1. Rhonda Shirley Trainor died on 2 November 2005. 2. The death of Rhonda Shirley Trainor was caused by the unlawful and unprovoked acts of the accused. 3. Those acts were done with the intention to at least inflict grievous bodily harm upon Rhonda Shirley Trainor.