R v Waszczuk [2012] NSWSC 1080

Supreme Court New South Wales

Medium Neutral Citation: R v Waszczuk [2012] NSWSC 1080 Hearing dates: 5-6 November 2012 Decision date: 08 November 2012 Jurisdiction: Common Law - Criminal Before: Adamson J Decision: Return a special verdict of not guilty on the ground of mental illness and make the following orders: (1) Martin Jan Waszczuk 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; (2) I direct that as soon as practicable, the Registrar may notify the Minister of Health of these orders; and (3) I direct that as soon as practicable the Registrar may notify the Mental Health Review Tribunal of my verdict and of this order, and provide the Tribunal the following documentation: (a) a copy of these reasons for the verdict and orders; (b) the transcript of the special hearing; and (c) a copy of the exhibits tendered during the special hearing. Catchwords: CRIMINAL LAW - special hearing - murder - stabbing - defence of mental illness CRIMINAL PROCEDURE - special hearing - appointment of amicus curiae Legislation Cited: Crimes Act 1900 Mental Health (Forensic Provisions) Act 1990 Cases Cited: R v Waszczuk [2012] NSWSC 380 R v Issa (unreported, 16 October 1995, Sperling J) R v Damic [1982] 2 NSWLR 750; 6 A Crim R 35 Hawkins v The Queen [1994] HCA 28; 179 CLR 500 R v Minani [2005] NSWCCA 226; 63 NSWLR 490 Cvetkovic v R [2010] NSWCCA 329 Category: Principal judgment Parties: Regina Martin Jan Waszczuk Representation: Counsel: H Baker (Crown) G James QC (Amicus Curiae) Solicitors: Solicitor for Public Prosecutions (Crown) File Number(s): 2009/74187 Publication restriction: None