R v DC [2012] NSWSC 1125

Supreme Court New South Wales

Medium Neutral Citation: R v DC [2012] NSWSC 1125 Hearing dates: 13 September 2012 Decision date: 18 September 2012 Jurisdiction: Common Law - Criminal Before: Rothman J Decision: Pursuant to s 38 of the Mental Health (Forensic Provisions) Act 1990 a special verdict of not guilty of each charge by reason of mental illness; and Pursuant to s 39 of the Mental Health (Forensic Provisions) Act 1990, DC be detained in Austinmer Unit Forensic Hospital, Malabar, or such other facility as the Mental Health Review Tribunal may determine until released by due process of law. Catchwords: CRIMINAL LAW - judge alone trial - murder - steal from a dwelling - drive a conveyance without consent - accused suffering chronic paranoid schizophrenia - consensus between experts as to mental illness defence - not guilty by reason of mental illness Legislation Cited: Children (Criminal Proceedings) Act 1987 Criminal Procedure Act 1986 Mental Health (Forensic Provisions) Act 1990 Cases Cited: Mizzi v R (1960) 105 CLR 659 R v McNaghten (1843) 8 ER 718 R v Porter (1933) 55 CLR 182 Category: Principal judgment Parties: Regina (Crown) DC (Accused) Representation: Counsel: J. McLennan (Crown) H. Van Dugteren (Solicitor for the accused) Solicitors: Office of the Director of Public Prosecutions (Crown) Legal Aid Commission (Accused) File Number(s): 2011/133154 Publication restriction: Child offender - s 15A Children (Criminal Proceedings) Act 1987