R v Opie [2014] NSWSC 814

Supreme Court New South Wales

Medium Neutral Citation: R v Opie [2014] NSWSC 814 Hearing dates: 12/06/2014 Decision date: 20 June 2014 Before: Fullerton J Decision: 1. Pursuant to s 38 of the Mental Health (Forensic Provisions) Act 1990 (NSW), a special verdict of not guilty of the charge of murder by reason of mental illness is returned. 2. Pursuant to s 39 of the Mental Health (Forensic Provisions) Act 1990 (NSW), Neil Alexander Opie is to be detained in a correctional facility or at such other place as determined by the Mental Health Review Tribunal until released by due process of law. 3. I direct that the Registrar notify the Minister for Health of these orders. 4. I direct that the Registrar notify the Mental Health Review Tribunal of my verdict and of these orders. I also direct that the Registrar provide the Tribunal with a copy of these reasons and my orders and a copy of the exhibits tendered during the special hearing. Catchwords: CRIMINAL LAW - murder - trial by judge alone - defence of mental illness - special verdict Legislation Cited: Criminal Procedure Act 1986 (NSW) Mental Health Act 2007 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: R v Minani [2005] NSWCCA 226; 62 NSWLR 490 R v Pratt [2009] NSWSC 1108 R v Rodriguez [2010] NSWSC 198 Category: Principal judgment Parties: The Crown Neil Alexander Opie (Accused) Representation: Counsel: T Thorpe (Crown) M Ierace SC (Accused) Solicitors: Director of Public Prosecutions (Crown) Legal Aid NSW (Accused) File Number(s): 2013/1983