R v Newbury [2012] NSWSC 1361

Supreme Court New South Wales

Medium Neutral Citation: R v Newbury [2012] NSWSC 1361 Hearing dates: 7 November 2012 - 9 November 2012 Decision date: 12 November 2012 Jurisdiction: Common Law - Criminal Before: Button J Decision: (1) On the count of murder, I return a special verdict of not guilty on the ground of mental illness. (2) The accused is to be detained in Long Bay Prison Hospital or such other facility as the Mental Health Review Tribunal may determine, until released by due process of law. (3) The Registrar is to notify the Minister for Health, as soon as reasonably practicable, of the terms of this judgment and the orders made by this Court. (4) The Registrar is to notify the Mental Health Review Tribunal, as soon as reasonably practicable, of the terms of this judgment and the orders made by this Court. Catchwords: CRIMINAL LAW - particular offences - offences against the person - murder - accused unfit to be tried - special hearing by judge alone - criminal liability and capacity - consideration of Hawkins v The Queen - "three-step" approach - accused did physical act - accused not responsible on grounds of mental illness - verdict of not guilty on the ground of mental illness Legislation Cited: Mental Health (Forensic Provisions) Act 1990 Cases Cited: Hawkins v The Queen [1994] HCA 28; (1994) 179 CLR 500 McNaghten's Case (1843) 8 ER 718 R v Minani [2005] NSWCCA 226; (2005) 63 NSWLR 490; (2005) 154 A Crim R 349 Ryan v The Queen [1968] HCA 2; (1968)121 CLR 205 The King v Porter [1933] HCA 1; (1933) 55 CLR 182 Category: Principal judgment Parties: The Crown Wayne Patrick Newbury Representation: Counsel: M Barr (Crown) I Todd (accused) Solicitors: Solicitor for Public Prosecutions Legal Aid (NSW) File Number(s): 2010/257892