R v Lopez [2014] NSWSC 287

Supreme Court New South Wales

Medium Neutral Citation: R v Lopez [2014] NSWSC 287 Hearing dates: 17/03/2014 Decision date: 21 March 2014 Jurisdiction: Common Law Before: Garling J Decision: Verdict: 1. Not guilty of 3 counts of murder by reason of mental illness. 2. Not guilty of the offences of animal cruelty. Orders: (1) Order that Carlos Lopez be detained at the Psychiatric Ward, Long Bay Prison Hospital, or at such other place as may be determined from time to time by the Mental Health Review Tribunal, until released by due process of law. (2) Direct the Registrar of the Court to notify the Minister for Health of this judgment and order. (3) Direct the Registrar of the Court to notify the Mental Health Review Tribunal of this judgment and order and to provide to that Tribunal with the following documentation: (a) a copy of these reasons for verdict and orders; (b) a transcript of these proceedings; (c) a copy of each of the exhibits tendered at the trial. Catchwords: CRIMINAL LAW - murder; three counts - act of cruelty to animal; two counts - trial by judge alone - Criminal Procedure Act 1986; s 132, s 133

CRIMINAL LAW - act of cruelty to animal; two counts - Crimes Act 1900; s 530 - physical act established - mental illness - whether the accused could have formed the requisite specific intention of inflicting severe pain on the animal

CRIMINAL LAW - murder; three counts - defence of ental illness - s 38 Mental Health (Forensic Provisions) Act 1900 - whether accused mentally ill at time of offences under M'Naughten Rules - facts agreed by Crown and Accused - expert opinion evidence - psychiatric diagnosis of paranoid Schizophrenia - whether accused knew what he was doing was wrong Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Evidence Act 1995 Mental Health (Forensic Provisions) Act 1990 Cases Cited: Fleming v The Queen [1998] HCA 68; (1998) 197 CLR 250 Mizzi v The Queen [1960] HCA 77; (1960) 105 CLR 659 R v M'Naughten (1843) 8 ER 718 R v Porter [1933] HCA 1; (1933) 55 CLR 182 Stapleton v The Queen [1952] HCA 55; (1952) 86 CLR 358; Regina v Matheis (1958) 58 SR (NSW) 321 R v Matusevich & Thompson [1976] VR 470 R v Huy Pham [2007] NSWSC 1313 R v Coles [2008] NSWSC 682 R v Winningham (unreported, NSWCCA, 10 May 1995) Texts Cited: Diagnostic and Statistical Manual for Mental Disorders - 5th Edition Category: Principal judgment Parties: Director of Public Prosecutions (Cth) (Crown) Carlos Lopez (Offender) Representation: Counsel: T Thorpe (Crown) M Ierace SC (Accused) Solicitors: Director of Public Prosecutions Legal Aid NSW (Accused) File Number(s): 2012/238294