R v Troye Jarrod MILLER [2008] NSWSC 1038

New South Wales Supreme Court

CITATION : R v Troye Jarrod MILLER [2008] NSWSC 1038

HEARING DATE(S) : 31 October 2008

JUDGMENT DATE : 14 November 2008

JUDGMENT OF : Fullerton J

1. As provided for in s 38 of the Mental Health (Criminal Procedure) Act I find the accused not guilty of murder by reason of mental illness. DECISION : 2. I further order that the accused be detained at the MRRC or at such other place as he may be detained in accordance with Pt 5 Div B of the Mental Health (Criminal Procedure) Act until released by the due process of law. 3. Pursuant to s 39(3) of the Act I direct that the Registrar of this Court inform the Minister for Health and the Mental Health Tribunal of the terms of this order.

CATCHWORDS : CRIMINAL LAW - murder - not guilty due to mental illness

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

CATEGORY : Principal judgment

PARTIES : The Crown Troye Jarrod Miller (Accused)

FILE NUMBER(S) : SC 2008/10781

COUNSEL : T Thorpe (Crown) J Stratton SC (Accused)

SOLICITORS : Director of Public Prosecutions (Crown) E Hawdon (Accused)

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

FULLERTON J

14 NOVEMBER 2008

2008/10781 R v TROYE JARROD MILLER

JUDGMENT 1 HER HONOUR: On 4 December 2007 Troye Jarrod Miller was charged with the murder of his father, Stephen James Miller. The charge was laid after he voluntarily presented at the Culcairn Police Station and admitted to having killed his father the previous day. 2 On 31 October 2008 he was arraigned before me and pleaded not guilty to the murder. It was common ground that the plea was entered on the grounds of mental illness as provided for in s 22 of the Mental Health (Criminal Procedure) Act 1990 (the "Mental Health Act"). 3 On 5 September 2008, with the consent of the Director of Public Prosecutions, Mr Miller's trial was set down without a jury pursuant to s 132 of the Criminal Procedure Act 1986.