Goodridge v R [2014] NSWCCA 37

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Goodridge v R [2014] NSWCCA 37 Hearing dates: 3.12.2013 Decision date: 26 March 2014 Before: Hoeben CJ at CL at [1] Simpson J at [152] Johnson J at [153] Decision: (1) In relation to the conviction appeal, appeal dismissed. (2) In relation to the application for leave to appeal against sentence, leave to appeal granted, appeal dismissed. Catchwords: CRIMINAL LAW - conviction appeal - appellant unfit to be tried - special hearing before judge alone - offence of murder - whether appellant suffering from substantial impairment by abnormality of mind arising from an underlying condition - reports from two psychiatrists - diagnosis of acquired brain injury and alcohol intoxication at time of offence - psychiatrists not shown ERISPs and statements from lay witnesses - 5 hours of ERISPs taken within 2 days of offence - whether analysis of psychiatric evidence by trial judge accurate - whether opinion of psychiatrists displaced by ERISPs and evidence of lay witnesses - opinion of psychiatrists seriously undermined by ERISPs not being made available to them - trial judge's verdict not unreasonable and supported by the evidence - appropriate directions given by trial judge - no denial of procedural fairness - trial judge gave adequate opportunity to parties to address as to issues - SENTENCE APPEAL - whether limiting term manifestly excessive - trial judge appropriately applied sentencing principles while having regard to mental state of appellant - appeal dismissed. Legislation Cited: Crimes Act 1900 - s18(1)(a) Criminal Appeal Act 1912 - s5(1)(b), s6(1) Criminal Procedure Act 1986 (NSW) - s33(3) Mental Health (Forensic Provisions) Act 1990 - s21(3)(c) Cases Cited: Bhuiyan v R [2009] NSWCCA 221 Devaney v R [2012] NSWCCA 285 Dinsdale v R [2000] HCA 54; 202 CLR 321 Fleming v R [1998] HCA 68; 197 CLR 250 Kurdi v R [2011] NSWCCA 179 M v R [1994] HCA 63; 181 CLR 487 MFA v R [2002] HCA 53; 213 CLR 606 Madden v R [2011] NSWCCA 254 Matter of Adams - MHRT 25 July 2013 Morris v R [1987] HCA 50, 163 CLR 454 R v AN [2005] NSWCCA 239 R v Hall (1988) 36 A Crim R 368 R v Hucker [2002] NSWSC 1068 R v Klamo [2008] VSCA 75; 18 VR 644 R v Mailes [2004] NSWCCA 394; 62 NSWLR 181 R v Maxwell [1998] 217 ALR 452 R v Potts [2012] NSWCCA 229 R v Welsh (1996) 90 A Crim R 364 at 373-374 Rasic v R [2009] NSWCCA 202 SKA v The Queen [2011] HCA 13; 243 CLR 400 The Queen v Keenan [2009] HCA 1; 236 CLR 397 Category: Principal judgment Parties: Michael William Goodridge - Applicant Regina - Respondent Crown Representation: Counsel: Mr J Stratton SC/Ms N Mikhaiel - Applicant Ms T Smith - Respondent Crown Solicitors: SE O'Connor, Legal Aid NSW - Applicant S Kavanagh, Solicitor for Public Prosecutions - Respondent Crown File Number(s): 2009/38556 Decision under appeal Citation: R v Goodridge [2012] NSWSC 378 R v Goodridge (No 2) [2012] NSWSC 1180 Date of Decision: 2012-10-03 00:00:00 Before: Adamson J File Number(s): 2009/38556