R v Wilson (No 3) [2013] NSWSC 1684

Supreme Court New South Wales

Medium Neutral Citation: R v Wilson (No 3) [2013] NSWSC 1684 Hearing dates: 4-8 and 11 November 2013 Decision date: 15 November 2013 Before: Harrison J Decision: 1. I find upon the limited evidence available that the accused Joseph Rowan Wilson committed the offence of the murder of Scott Daniel Bryan on 24 November 2008. 2. I indicate that if the special hearing involving the accused had been a normal trial against a person fit to be tried, I would have imposed a sentence of imprisonment. 3. I nominate as the limiting term in respect of the offence of murder a period of 18 years commencing on 27 February 2010. 4. I find that the accused Joseph Rowan Wilson is not guilty of soliciting Gerard Michael Wilson between 29 January 2010 and 7 February 2010 to murder Krystelle Lee Collins by reason of mental illness. 5. I find that the accused Joseph Rowan Wilson is not guilty of committing an act between 15 December 2009 and 6 February 2010 intended to cause Krystelle Lee Collins to give false evidence by reason of mental illness. 6. In accordance with s 39 of the Mental Health (Forensic Provisions) Act 1990, I order that Joseph Rowan Wilson be detained in an appropriate correctional centre or such facility as the Mental Health Review Tribunal may determine until released by due process of law. 7. Pursuant to s 39(3) of the Mental Health (Forensic Provisions) Act 1990, I direct that the Registrar of this Court notify the Minister for Health and the Mental Health Review Tribunal of the terms of these orders. Catchwords: CRIMINAL LAW - murder and other offences - special hearing - imposition of limiting term under Mental Health (Forensic Provisions) Act - whether mental condition relevant to length of limiting term - whether defence of mental illness otherwise available in respect of additional charges Legislation Cited: Mental Health (Forensic Provisions) Act 1990 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bhuiyan v R [2009] NSWCCA 221 Courtney v R [2007] NSWCCA 195; (2007) 172 A Crime R 371 Gore v R; Hunter v R [2010] NSWCCA 330; (2010) A Crim R 353 Lucas v The Queen [1970] HCA 14; (1970) 120 CLR 171 R v AN [2005] NSWCCA 239 R v Bell (1985) 2 NSWLR 466 R v Falconer [1990] HCA 49; (1990) 171 CLR 30 R v Kemp [1957] 1 QB 399 R v Kirchner [2011] NSWSC 1516 R v Mailes [2004] NSWCCA 394; (2004) 62 NSWLR 181 R v Mitchell [1999] NSWCCA 120; (1999) 108 A Crim R 85 R v M'Naghten (1843) 8 ER 718 R v Porter [1933] HCA 1; (1936) 55 CLR 182 R v Stiles (1990) 50 A Crim R 13 R v Wilson (No 1) [2013] NSWSC 1146 R v Wilson (No 2) [2013] NSWSC 1288 R v Zvonaric [2001] NSWCCA 505; (2001) 54 NSWLR 1 Sodeman v The King [1936] HCA 75; (1936) 55 CLR 192 Stapleton v The Queen [1952] HCA 56; (1952) 86 CLR 358 Thomas v The Queen [1960] HCA 2; (1960) 102 CLR 584 Category: Principal judgment Parties: Regina (Crown) Joseph Rowan Wilson (Accused) Representation: Counsel: M Fox (Crown) M G Ainsworth (Accused) Solicitors: Office of the Director of Public Prosecutions (Crown) Bayside Lawyers (Accused) File Number(s): 2009/262146 Publication restriction: Nil