R v Goodridge (No 2) [2012] NSWSC 1180

Supreme Court New South Wales

Medium Neutral Citation: R v Goodridge (No 2) [2012] NSWSC 1180 Hearing dates: 21 September 2012 Decision date: 03 October 2012 Before: Adamson J Decision: (1) I indicate that if the special hearing involving the Forensic Patient had been a normal trial against a person fit to be tried, I would have imposed a sentence of imprisonment; and (2) I nominate as the limiting term in respect of the Forensic Patient's offence, 18 years commencing on 16 May 2009. Catchwords: CRIMINAL LAW - sentence - imposition of limiting term under Mental Health (Forensic Provisions) Act - sentencing factors relevant to the length of a limiting term - relevance of a forensic patient's mental condition to the length of a limiting term Legislation Cited: - Crimes Act 1900 - Crimes (Sentencing Procedure) Act 1999 - Mental Health (Forensic Provisions) Act 1990 Cases Cited: - Bhuiyan v R [2009] NSWCCA 221 - Courtney v R [2007] NSWCCA 195; 172 A Crim R 371 - R v AN [2005] NSWCCA 239 - R v Bell (1985) 2 NSWLR 466 - R v Engert (1995) 84 A Crim R 67 - R v Goodridge [2012] NSWSC 378 - R v Mailes [2004] NSWCCA 394; 62 NSWLR 181 - R v Mitchell [1999] NSWCCA 120; 108 A Crim R 85 - R v Previtera (1997) 94 A Crim R 76 Category: Sentence Parties: Regina Michael William Goodridge Representation: Counsel: M Barr (Crown) P Winch (Forensic Patient) Solicitors: Solicitor for Public Prosecutions (Crown) Johnson & Sendall Solicitors (Forensic Patient) File Number(s): 2009/38556