R v Lancaster [2013] NSWSC 322

Supreme Court New South Wales

Medium Neutral Citation: R v Lancaster [2013] NSWSC 322 Hearing dates: 8/04/2013 Decision date: 10 April 2013 Before: Fullerton J Decision: 1. 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 is returned. 2. Pursuant to s 39 of the Mental Health (Forensic Provisions) Act 1990, Dwayne Anthony Lancaster be detained a correctional facility or at such other place as determined by the Mental Health Review Tribunal until released by due process of law. 3. I direct that the Registrar notify the Minister of Health of these orders. 4. I direct that the Registrar notify the Mental Health Review Tribunal of my verdict and of these orders. I also direct that the Registrar provide the Tribunal with a copy of these reasons and my orders and a copy of the exhibits tendered during the special hearing. Catchwords: CRIMINAL LAW - murder - trial by judge alone - defence of mental illness - special verdict Legislation Cited: Criminal Procedure Act 1986 Mental Health (Forensic Provisions) Act 1990 Cases Cited: R v Minani [2005] NSWCCA 226; 62 NSWLR 490 Category: Principal judgment Parties: The Crown Dwayne Anthony Lancaster (Accused) Representation: Counsel: L Carr (Crown) J Watts (Accused) Solicitors: Director of Public Prosecutions (Crown) Legal Aid NSW (Accused) File Number(s): 2011/85689