R v Geoffrey Lance Ryan [2009] NSWSC 46

New South Wales Supreme Court

CITATION : R v Geoffrey Lance Ryan [2009] NSWSC 46

HEARING DATE(S) : 13 February 2009

JUDGMENT DATE : 13 February 2009

JUDGMENT OF : Buddin J

DECISION : In accordance with s 38 of the Mental Health (Criminal Procedure) Act 1990 (the Act) I find the accused not guilty of the charge of murder on the grounds of mental illness. In doing so I have had regard, pursuant to s 37 of the Act, to the practical and legal consequences of that finding. I order that the accused be detained, pursuant to s 39 of the Act, in the custody of the Department of Corrective Services until released by due process of law. The Registrar is to notify the Minister of Health and the Mental Health Review Tribunal of the terms of the orders made by the court.

CATCHWORDS : CRIMINAL LAW - murder - trial by judge alone - defence of mental illness

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

CATEGORY : Principal judgment

CASES CITED : R v Porter (1936) 55 CLR 182

PARTIES : Regina Geoffrey Lance Ryan

FILE NUMBER(S) : SC 2008/14924

COUNSEL : T Thorpe (Crown) E Tabchouri (Accused)

SOLICITORS : S Kavanagh (Solicitor for Director of Public Prosecutions) Macquarie Lawyers Burwood (Accused)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

BUDDIN J

FRIDAY 13 FEBRUARY 2009

2008/14924 – R v GEOFFREY LANCE RYAN

JUDGMENT 1 BUDDIN J: Geoffrey Lance Ryan (the accused) is charged with the murder of his de facto partner Hazel McLoon (the deceased) at Cronulla on 30 October 2007. The matter has proceeded before me as a trial by judge alone pursuant to s 132 of the Criminal Procedure Act 1986. Upon arraignment the accused pleaded not guilty. No oral evidence was called at the hearing and the matter proceeded by way of an Agreed Statement of Facts together with reports from two forensic psychiatrists. Dr Allnutt prepared a report after having examined the accused at the request of his legal representatives whilst Dr Skinner prepared a report after having examined the accused on behalf of the Crown. 2 Because it is common ground that the accused killed the deceased with the requisite intention, the only issue which I have to determine is whether the accused was mentally ill at the time of the killing. Even upon that issue the evidence is all one way and the parties are in agreement that I should find the accused not guilty by reason of mental illness.