R v PCB [2012] NSWSC 482

Supreme Court New South Wales

Medium Neutral Citation: R v PCB [2012] NSWSC 482 Hearing dates: 3 May 2012 Decision date: 11 May 2012 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: Verdicts of not guilty on each count by reason of mental illness, with a detention order and associated orders made under s.39 Mental Health (Forensic Provisions) Act 1990 Catchwords: CRIMINAL LAW - judge alone trial - charges of murder, wound with intent to murder and possess offensive weapon with intent to commit an indictable offence - defence of mental illness - acts committed whilst Accused experiencing acute psychotic episode - chronic paranoid schizophrenia - auditory hallucinations - verdicts of not guilty by reason of mental illness - detention order made Legislation Cited: Children (Criminal Proceedings) Act 1987 Crimes Act 1900 Criminal Procedure Act 1986 Mental Health (Forensic Provisions) Act 1990 Cases Cited: Mizzi v The Queen [1960] HCA 77; 105 CLR 659 R v Rodriguez [2010] NSWSC 198 R v Pratt [2009] NSWSC 1108 Texts Cited: --- Category: Principal judgment Parties: Regina (Crown) PCB (Accused) Representation: Counsel: Mr TW Thorpe (Crown) Mr P Winch (Accused) Solicitors: NSW Office of the Director of Public Prosecutions (Crown) Legal Aid (NSW) (Accused) File Number(s): 2010/333991 Publication restriction: Section 15A Children (Criminal Proceedings) Act 1987 prohibits the publication or broadcasting of the name of the deceased child or any information, picture or other material that identifies or is likely to lead to the identification of the deceased child