NSW Caselaw
New South Wales Supreme Court
CITATION : R v SE [2009] NSWSC 785 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 03/08/2009, 04/08/2009, 05/08/2009
JUDGMENT DATE : 12 August 2009
JUDGMENT OF : Hoeben J
DECISION : I find that the accused is not guilty by reason of mental illness. In accordance with s 39 of the Mental Health (Forensic Provisions) Act 1990 I order that SE, formerly referred to in this judgment as the accused, be detained at the Frank Baxter Juvenile Justice Centre. I direct that the Registrar of this Court notify the Minister for Health and the Mental Health Review Tribunal of the terms of this order (s 39(3) Mental Health (Forensic Provisions) Act 1990).
CATCHWORDS : CRIMINAL LAW - indictment charging murder and attempted murder - trial by judge alone - defence of mental illness - background evidence - psychiatric opinion - verdict in accordance with psychiatric evidence.
LEGISLATION CITED : Crimes Act 1900 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW)
CATEGORY : Principal judgment
CASES CITED : R v McNaughten [1843] 8 E. R. 718 The King v Porter (1933) 55 CLR 182 at 184
PARTIES : Regina - Crown SE - Accused
FILE NUMBER(S) : SC 2008/15378
COUNSEL : Mr PM Miller - Crown Mr A Haesler SC/Mr M Polden - Accused
SOLICITORS : S Kavanagh, Solicitor for Public Prosecutions - Crown S O'Connor, Legal Aid Commission - Accused
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
HOEBEN J
Wednesday 12 August 2009
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