R v Tantra (No 2) [2010] NSWSC 400

New South Wales Supreme Court

CITATION : R v Tantra (No 2) [2010] NSWSC 400

HEARING DATE(S) : 27 April - 3 May 2010

JUDGMENT DATE : 5 May 2010

JUDGMENT OF : R A Hulme J

DECISION : Not guilty on the grounds of mental illness

CATCHWORDS : CRIMINAL LAW - murder - special hearing - judge alone - whether accused committed offence - if so, whether mentally ill at the time

LEGISLATION CITED : Mental Health (Forensic Provisions) Act 1900 Evidence Act 1995

CATEGORY : Principal judgment

Fleming v R [1998] HCA 68; 197 CLR 250 Martin v Osborne (1936) 55 CLR 369 Mizzi v The Queen [1960] HCA 77; (1960) 105 CLR 659 CASES CITED : Petty & Maiden v R [1991] HCA 34; 173 CLR 95 R v M'Naghten (1843) 8 ER 718 R v Peacock (1911) 13 CLR 619 R v Porter [1933] HCA 1; 55 CLR 182 R v Presser [1958] VR 45

PARTIES : Regina Vita Tantra

FILE NUMBER(S) : SC 2008/5737

COUNSEL : Mr C McPherson (Crown) Mr C Bruce SC (Accused)

SOLICITORS : Solicitor for Public Prosecutions Legal Aid

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

R A Hulme J

5 May 2010

2008/5737 Regina v Vita TANTRA

JUDGMENT 1 HIS HONOUR: The body of Ms Linda Maree Tregerthan was found lying on the floor in the sunroom of her home in Byron Bay on 30 August 2004 by her 17 year old daughter. She had been savagely and ferociously attacked and killed by an assailant armed with a knife.

2 The accused has been charged with murder. He was charged on 15 January 2007. He was found unfit to be tried at a hearing before Barr J in February 2009 pursuant to s 10 of the Mental Health (Forensic Provisions) Act 1900 ("the Act").