NSW Caselaw
New South Wales Supreme Court
CITATION : REGINA v COLEMAN [2010] NSWSC 177
HEARING DATE(S) : Wednesday 24 February 2010
JUDGMENT DATE : 12 March 2010
JURISDICTION : Criminal
JUDGMENT OF : Hall J at 1
Arnold Coleman, upon the charge that on 2 October 2008 at Goonellabah in the State of New South Wales you did murder Jean Kathleen Coleman, pursuant to the provisions of s.22(1) of the Mental Health (Forensic Provisions) Act 1990, I find that you are not guilty by reason of mental illness. DECISION : I order that the accused be detained, pursuant to s.39 of the Mental Health (Forensic Provisions) Act 1990, in an appropriate correctional centre or such facility as the Mental Health Review Tribunal may determine until released by due process of law. The Registrar is to notify the Minister of Health and the Mental Health Review Tribunal of the terms of the orders made by this Court.
CATCHWORDS : CRIMINAL LAW - murder – judge alone trial - special hearing - accused not guilty by reason mental illness
LEGISLATION CITED : Mental Health (Forensic Provisions) Act 1990 Mental Health Act 2007
Mizzi v Regina (1960) 105 CLR 659 Radford v The Queen (1985) 42 SASR at 274–275 CASES CITED : 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
PARTIES : REGINA v Arnold COLEMAN
FILE NUMBER(S) : SC 2009/1628
COUNSEL : C: J McLennan O: C Bruce SC
SOLICITORS : C: S Kavanagh O: S O'Connor
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