R v Coleman [2009] NSWSC 457

New South Wales Supreme Court

CITATION : R v Coleman [2009] NSWSC 457

HEARING DATE(S) : 27 May 2009 JURISDICTION : Common Law

JUDGMENT OF : Adams J at 1

EX TEMPORE JUDGMENT DATE : 27 May 2009

DECISION : Arnold Coleman is referred to the Mental Health Tribunal to be dealt with in accordance with s 14 of the Mental Health (Forensic Provisions) Act 1990. Bail refused.

LEGISLATION CITED : Mental Health (Forensic Provisions) Act 1990 s 14

CATEGORY : Principal judgment

CASES CITED : The Queen v Presser [1958] VR 45

PARTIES : Regina Arnold COLEMAN

FILE NUMBER(S) : SC 2009/1628001

COUNSEL : P Ingram (Crown) C Bruce SC (Defence)

SOLICITORS : I G Knight S C Kavanagh

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

ADAMS J

WEDNESDAY 27 MAY 2009

2009/1628001- Regina v Arnold COLEMAN

FITNESS TO BE TRIED

JUDGMENT

1 HIS HONOUR: This is a proceeding under the Mental Health (Forensic Provisions) Act 1990 involving the fitness or otherwise of Mr Arnold Coleman for trial. In brief, it is clear from the tendered material that an inquiry should be conducted and the question has been raised in good faith. Medical reports have been tendered which set out a history of the matter and the consultations with the doctors. That material has been in effect jointly placed before the Court by prosecution and defence. There is no controversy as to the appropriate orders but, of course, it is necessary that I satisfy myself as to the matters falling for determination under the Act. 2 The accused, Arnold Coleman, is charged with the murder of his wife Jean Kathleen Coleman on 2 October 1998 at Goonellebah. The following brief account is taken from the Crown case statement, which was tendered by consent as evidence of the facts asserted in it. Mr Coleman, who is 87 years of age, lived with his wife, who was 86 years of age, at Goonellebah. On the morning of 2 October 2008, he contacted the police emergency line, identified himself and said: "I've just killed my wife." When asked by the operator what had happened, Mr Coleman said: "What's happened, she's been playing up so I gave her till today to knock it off, she wouldn't, so I, I killed her."