R v Stables [2014] NSWSC 697

Supreme Court New South Wales

Medium Neutral Citation: R v Stables [2014] NSWSC 697 Hearing dates: 8 May 2014 Decision date: 30 May 2014 Jurisdiction: Common Law - Criminal Before: Hidden J Decision: On each count not guilty by reason of mental illness Catchwords: CRIMINAL LAW - murder - trial by judge alone - defence of mental illness Cases Cited: The King v Porter (1936) 55 CLR 182 R v Minani [2005] NSWCCA 226, 63 NSWLR 490, 154 A Crim R 349 Hawkins v The Queen (1994) 179 CLR 500 R v S [1979] 2 NSWLR 1 Category: Consequential orders Parties: Regina (Crown) Luke Paul Stables (accused) Representation: Counsel: Mr P Lynch (Crown) Ms C Loukas SC (accused) Solicitors: S Kavanagh - Solicitor for Public Prosecutions (Crown) SE O'Connor - Legal Aid Commission (accused) File Number(s): 2012/280033

reasons for verdict 1The accused, Luke Paul Stables, has been tried before me, sitting without a jury, for the murder of his mother, Enriquita Stables, and the wounding of his brother, Mark Stables. In respect of his brother, he was indicted for wounding with intent to cause grievous bodily harm, but in the course of the trial that charge was amended to one of reckless wounding. The charges arise from a tragic incident at the family home at Dean Park in the evening of 6 September 2012. The only issue in relation to both charges is whether he has made out the defence of mental illness. 2The accused was 28 years old at the time of the incident. He was living at the family home with his mother, his father, John Stables, and his older brother, Mark. He also has a younger brother, Steven, who is married and who was living at another address in Dean Park.