REGINA v HAM [2009] NSWSC 296

New South Wales Supreme Court

CITATION : REGINA v HAM [2009] NSWSC 296

HEARING DATE(S) : 9 June 2009

JUDGMENT DATE : 4 August 2009

JURISDICTION : Criminal

JUDGMENT OF : Hall J at 1

DECISION : Not guilty by reason of mental illness.

CATCHWORDS : CRIMINAL LAW - jurisdiction, practice and procedure - verdict - judge alone trial - murder - accused not guilty by reason of mental illness

Crimes Act 1900 LEGISLATION CITED : Criminal Procedure Act 1986 Mental Health (Forensic Provisions) Act 1990

Makita (Australia) Pty Limited v Sprowles (2002) 52 NSWLR 705 Mizzi v Regina (1960) 105 CLR 659 Radford v The Queen (1985) 42 SASR at 274 Regina v Byrne [1960] 2 QB 396 CASES CITED : Regina v Jennings [2005] NSWSC 789 Regina v Kemp [1957] 1 QB 399 Regina v McNaghton (1843) 8 ER 718 Regina v Porter (1933) 55 CLR 182 Regina v Quick (1973) QB 910 Radford v The Queen (1985) 42 SASR at 274

PARTIES : REGINA v HAM, Tyron Jarrad

FILE NUMBER(S) : SC 2008/11329

COUNSEL : Crown: W Creasey Offender: J Stratton SC

SOLICITORS : Crown: S Kavanagh Offender: S O'Connor

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HALL J

TUESDAY 4 AUGUST 2009

No 2008/11329

REGINA v TYRON JARRAD HAM

JUDGMENT

1 HIS HONOUR: Tyron Jarrad Ham was arraigned on indictment on 9 June 2009. He was charged with the murder of Rebecca Baillie between 10 and 14 September 2007 at Stockton, New South Wales. 2 Following a hearing before a jury commencing on 25 May 2009, the jury was discharged on 1 June 2009. The accused subsequently signed a form of election under s.132(1) of the Criminal Procedure Act 1986 electing to be tried by a judge alone. The election was made after the accused had sought and received advice in relation to the election in accordance with that section. On 1 June 2009, the Crown consented to the trial of the accused proceeding on a judge alone basis. 3 The transcript of proceedings of 25, 26, 27 and 28 May 2009 was tendered on the hearing before me, as were the exhibits tendered in those proceedings. Both the Crown and the accused relied upon the respective closing addresses to the jury as submissions upon the matters that fall for my determination.