R v Paul William MUNDY [2012] NSWSC 1500

Supreme Court New South Wales

Medium Neutral Citation: R v Paul William MUNDY [2012] NSWSC 1500 Hearing dates: 03-05/12/12 Decision date: 06 December 2012 Jurisdiction: Common Law - Criminal Before: Rothman J Decision: (i) Pursuant to s 38 of the Mental Health (Forensic Provisions) Act 1990, a special verdict of not guilty of the charge of murder by reason of mental illness; and (ii) Pursuant to s 39 of the Mental Health (Forensic Provisions) Act 1990, Paul William Mundy be detained in such mental health facility as the Mental Health Review Tribunal may determine until released by due process of law. Catchwords: CRIMINAL LAW - judge alone trial - murder - mental illness - no issue of principle - consensus between experts - not guilty by reason of mental illness Legislation Cited: Mental Health (Forensic Provisions) Act 1990 Cases Cited: Mizzi v R [1960] HCA 77; (1960) 105 CLR 659 R v McNaghten (1843) 8 ER 718 R v Porter [1933] HCA 1; (1933) 55 CLR 182 Category: Sentence Parties: Regina (Crown) Paul William Mundy (Accused) Representation: Counsel: P Barnett SC (Crown) J Klarica (Accused) Solicitors: Office of the Director of Public Prosecutions (Crown) Bayside Lawyers (Accused) File Number(s): 2011/36202

Judgment 1HIS HONOUR: On 14 February 2012, Paul William Mundy, (hereinafter "the accused") was charged on indictment with the murder of his wife, Michele Ann Mundy, and was arraigned before the Court, as presently constituted, on 4 December 2012. 2The foregoing trial is the subject of an election for trial by judge alone. That election was filed in Court on Monday 3 December 2012, leave having been granted by the Court (as presently constituted), both as to filing in Court and filing out of time (namely, less than 28 days before the fixing of the trial). The application for a judge alone trial was granted. This judgment deals with the verdict for the charge of murder and consequential orders.