R v Bailey [2012] NSWSC 1074

Supreme Court New South Wales

Medium Neutral Citation: R v Bailey [2012] NSWSC 1074 Hearing dates: 27 August - 4 September 2012 Decision date: 06 September 2012 Jurisdiction: Common Law - Criminal Before: R A Hulme J Decision: Verdicts: 1. Not guilty of murder 2. Not guilty of manslaughter by reason of mental illness Order: Sean Hai Bailey is to be detained in a correctional facility or at such other place as determined by the Mental Health Review Tribunal until released by due process of law. Catchwords: CRIMINAL LAW - particular offences - offences against the person - homicide - murder - intention to kill or cause serious non-fatal injury - causation CRIMINAL LAW - general matters - criminal liability and capacity - defence of mental illness Legislation Cited: Mental Health (Forensic Provisions) Act 1990 Cases Cited: R v Bailey [2011] NSWSC 1228 Royall v R [1991] HCA 27; (1991) 172 CLR 378 Subramaniam v R [2004] HCA 51; (2004) 211 ALR 1 Whelan v R [2012] NSWCCA 147 Category: Principal judgment Parties: Regina Sean Hai Bailey Representation: Counsel: Mr L Carr (Crown) Mr C Smith (Accused) Solicitors: Solicitor for Public Prosecutions Legal Aid Commission File Number(s): 2010/277494

Judgment 1HIS HONOUR: Sean Hai Bailey (the accused) has been charged with the murder of Allan Thomas Hall (the deceased). 2The charge arises from an incident in the Laurieton Hotel on the evening of Friday 20 August 2010. The Crown case is that he punched Mr Hall who was sitting on a bar stool watching friends who were about to play a game of pool. The Crown says that the punching caused damage to a vertebral artery which bled into the base of the brain causing a subarachnoid haemorrhage that quickly resulted in death.