R v Benjamin James WATSON [2011] NSWSC 839

Supreme Court New South Wales

Medium Neutral Citation: R v Benjamin James WATSON [2011] NSWSC 839 Hearing dates: 1 August 2011 Decision date: 05 August 2011 Jurisdiction: Common Law - Criminal Before: Schmidt J Decision: Benjamin James Watson, upon the charge that on 10 March 2010 at Lake Bathurst in the State of New South Wales you did murder Helen Fay Watson, pursuant to the provisions of the Mental Health (Forensic Provisions) Act 1990, I find that you are not guilty by reason of mental illness. I order that Benjamin James Watson be detained, pursuant to s 39 of the Mental Health (Forensic Provisions) Act 1990, in Long Bay Prison Hospital or such other 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 judgment and orders made by this Court and to provide the Tribunal with copies of the exhibits in these proceedings. Catchwords: CRIMINAL LAW - murder - judge alone trial - defence of mental illness Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Mental Health Act 2007 Mental Health (Forensic Provisions) Act 1990 Cases Cited: Mizzi v The Queen [1960] HCA 77; (1960) 105 CLR 659 Regina v Coleman [2010] NSWSC 177 R v M'Naghton (1843) 10 CI & F 200 [8 ER 718] R v Porter [1933] HCA 1; (1933) 55 CLR 182 Stapleton v The Queen [1952] HCA 56; (1952) 86 CLR 358 Category: Principal judgment Parties: Regina (Crown) Benjamin James Watson (Accused) Representation: Counsel: Ms S Hugget (Crown) Mr P Winch (Accused) Solicitors: Office of the Director of Public Prosecutions (Crown) Legal Aid Commission of New South Wales (Accused) File Number(s): 2010/62258