R v Pratt [2009] NSWSC 1108

New South Wales Supreme Court

CITATION : R v Pratt [2009] NSWSC 1108

HEARING DATE(S) : 14 - 15 October 2009

JUDGMENT DATE : 15 October 2009

JUDGMENT OF : R A Hulme J

DECISION : Not guilty on the grounds of mental illness.

CATCHWORDS : CRIMINAL LAW - murder - judge alone trial - defence of mental illness - murder of elderly couple - chronic paranoid schizophrenia

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

CATEGORY : Principal judgment

CASES CITED : Mizzi v The Queen [1960] HCA 77; (1960) 105 CLR 659 R v M'Naghten (1843) 8 ER 718

PARTIES : Regina Tracey Lee PRATT

FILE NUMBER(S) : SC 2009/10524

COUNSEL : Mr P Cattini (Crown) Mr A Haesler SC (Accused)

SOLICITORS : Solicitor for Public Prosecutions Legal Aid Commission of NSW

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

R A Hulme J

15 October 2009

2009/10524 R v Tracey Lee PRATT

JUDGMENT 1 HIS HONOUR: Tracey Lee Pratt is accused of the murders of Kenneth and Margaret Keyte at Batehaven on or about 9 August 2008. She has elected to be tried without a jury: s 132 Criminal Procedure Act 1986.

2 At the relevant time Ms Pratt was a 42 year old women living with her husband and son in a unit at 3/328 Beach Road. Mr Kenneth Keyte, aged 87, and Mrs Margaret Keyte, aged 70, lived in a house at 316 Beach Road. They were described by witnesses as "dear friends", "lovely people", "community spirited", "people who only had goodness in their hearts", and "people who would go out of their way to help people". Mr and Mrs Keyte both died of multiple blunt force injuries that were inflicted upon them in the lounge room of their home at some time on the night of 9 August 2008. The accused accepts that she was the person responsible for inflicting those injuries.