R v Goodridge [2012] NSWSC 378

Supreme Court New South Wales

Medium Neutral Citation: R v Goodridge [2012] NSWSC 378 Hearing dates: 16, 17 and 19 April 2012 Decision date: 20 April 2012 Jurisdiction: Common Law - Criminal Before: Adamson J Decision: I find that on the limited evidence available the accused did commit the offence of murder charged. Catchwords: CRIME - murder - special hearing - partial defence of substantial impairment by abnormality of the mind Legislation Cited: - Crimes Act 1900 - Mental Health (Forensic Provisions) Act 1990 Cases Cited: - R v Zvonaric [2001] NSWCCA 505; 54 NSWLR 1 Category: Principal judgment Parties: Regina Michael William Goodridge Representation: Counsel: M Barr (Crown) P Winch (Defendant) Solicitors: Solicitor for Public Prosecutions (Crown) Johnson & Sendall Solicitors (Defendant) File Number(s): 2009/38556

Judgment

Background 1The accused was charged with the murder of Carmel George. On 21 March 2011, Rothman J found the accused unfit to be tried on the charge of murder and referred him to the Mental Health Review Tribunal under the provisions of the Mental Health (Forensic Provisions) Act 1990. By determination made on 26 July 2011 pursuant to s 16(1) of the Mental Health (Forensic Provisions) Act, the Tribunal determined that the accused, on the balance of probabilities, will not, during the period of 12 months after the finding of unfitness, become fit to be tried for the offences included within the indictment in relation to which he has been found to be unfit to be tried. It also formed the opinion that he will not be unfit during the period of 12 months after the finding of unfitness by the Court. 2By letter dated 1 September 2011, the DPP, pursuant to s 19 of the Mental Health (Forensic Provisions) Act, advised the Registrar that the DPP intended to proceed with the charge of murder against the accused and sought that the matter be listed for a special hearing. 3On 16 April 2012 the accused was arraigned on an indictment dated 16 April 2012 charging him with the murder of Ms George between 13 and 17 May 2009 at Moss Vale: Crimes Act 1900 (the Act) s 18(1)(a). The accused is taken, by s 21(3)(a) of the Mental Health (Forensic Provisions) Act, to have pleaded not guilty to the offence charged.