R v Rodriguez [2010] NSWSC 198

New South Wales Supreme Court

CITATION : R v Rodriguez [2010] NSWSC 198

HEARING DATE(S) : 15 March 2010, 16 March 2010

JUDGMENT DATE : 19 March 2010

JUDGMENT OF : Johnson J at 1

1. In accordance with s.38 Mental Health (Forensic Provisions) Act 1990, the Accused is found not guilty of the charge of murder on the grounds of mental illness. DECISION : 2. In accordance with s.39(1) of that Act, an order is made that David Regan Rodriguez be detained in the Long Bay Prison Hospital, or at such other place as may be determined from time to time by the Mental Health Review Tribunal, until released by due process of law. 3. It is directed that, as soon as practicable, the Registrar notify the Minister for Health of this order. 4. It is directed that, as soon as practicable, the Registrar notify the Mental Health Review Tribunal of this order, and provide to the Tribunal the following documentation - (a) a copy of these reasons for verdict and orders; (b) the transcript of the trial; (c) the reports of Professor Greenberg (which form part of Exhibit A) together with the reports of Dr Nielssen (Exhibits 1 and 2) referred to in these reasons.

CATCHWORDS : CRIMINAL LAW - judge alone trial - murder - defence of mental illness

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

CATEGORY : Principal judgment

Mizzi v The Queen [1960] HCA 77; (1960) 105 CLR 659 R v M'Naghten (1843) 8 ER 718 The King v Porter [1933] HCA 1; (1933) 55 CLR 182 R v Pratt [2009] NSWSC 1108 CASES CITED : Lucas v The Queen [1970] HCA 14; [1970] 120 CLR 171 Subramaniam v The Queen [2004] HCA 51; 79 ALJR 116 R v Klamo [2008] VSCA 75; (2008) 18 VR 644 Hone v Western Australia [2007] WASCA 283; (2007) 179 A Crim R 138 R v Hall (1988) 36 A Crim R 368