R v Patricia Anne Gallagher [2013] NSWSC 1102

Supreme Court New South Wales

Medium Neutral Citation: R v Patricia Anne Gallagher [2013] NSWSC 1102 Hearing dates: 6, 7, 8, 9, and 13 May; 21 June; 22, 23, 24, 25, 26, 30 and 31 July 2013 Decision date: 19 August 2013 Before: Bellew J Decision: 1.I find the accused not guilty of the murder of William Grant on 12 February 2009. 2.I find the accused not guilty of the manslaughter of William Grant on 12 February 2009. 3.I enter verdicts of acquittal in respect of both matters. Catchwords: CRIMINAL LAW - Murder - special hearing pursuant to the Mental Health (Forensic Provisions) Act 1990 - where Crown relied upon circumstantial case - necessity to consider the entirety of the circumstantial case in determining whether the accused's commission of the alleged offence was proved beyond reasonable doubt

EVIDENCE - admissions - exclusion of admissions on the basis that they were improperly obtained or alternatively on the basis that to use them against the accused would be unfair - where accused suffering from brain damage, epilepsy, alcohol dependence and resultant cognitive impairment - where accused had been interviewed by the police on two occasions and had denied killing the deceased - where police subsequently implemented undercover operation - where police were aware during the course of the undercover operation that the accused was undergoing treatment for psychological issues and alcohol dependence - where police continued with the undercover operation in those circumstances - where accused initially repeatedly denied responsibility for the deceased's death to undercover operative - where accused ultimately admitted at the conclusion of the undercover operation that she killed the deceased - whether the actions of the police in implementing and continuing the undercover operation were improper - whether the circumstances in which the admissions were made were otherwise improper - whether the evidence of the accused's admissions should be excluded as having been improperly obtained - alternatively whether evidence of the accused's admissions should be excluded on the basis of unfairness