R v Doug McDonald [2012] NSWSC 875

Supreme Court New South Wales

Medium Neutral Citation: R v Doug McDonald [2012] NSWSC 875 Hearing dates: 13 April 2012 Decision date: 13 April 2012 Before: Bellew J Decision: 1The accused is not guilty on the grounds of mental illness. 2Pursuant to the provisions of s 39(1) of the Mental Health (Forensic Provisions) Act 1990, the accused is to be returned to his present place of custody and that he be detained there, or at such other place as is deemed appropriate according to law, until such time as he is released by due process of law. 3Pursuant to subs 39(3) of the Mental Health (Forensic Provisions) Act 1990, the Registrar of the Court is to notify the Minister for Health and the Mental Health Tribunal of the terms of the order that has been made pursuant to s 39(1). Catchwords: CRIMINAL LAW - Murder - Mental Illness Legislation Cited: Criminal Procedure Act 1986 Mental Health (Forensic Provisions) Act 1990 Cases Cited: Mizzi v R (1960) 105 CLR 659 R v Ayoub [1984] 2 NSWLR 511 R v Coleman [2010] NSWSC 177 R v Michaux (1984) 13 A Crim R 173 R v M'Naughton (1843) 8 ER 718 R v Porter (1933) 55 CLR 182 R v Stiles (1990) 50 A Crim R 13 Taylor v R (1978) 22 ALR 599 Category: Sentence Parties: Regina Doug McDonald (Offender) Representation: P Barnett SC - Crown C Smith - Offender Solicitors: File Number(s): 2010/377959