R v Peterson (No. 5) [2014] NSWSC 1080

Supreme Court New South Wales

Medium Neutral Citation: R v Peterson (No. 5) [2014] NSWSC 1080 Hearing dates: 6 August 2014 Decision date: 06 August 2014 Jurisdiction: Common Law - Criminal Before: Campbell J Decision: (1)Under s 24 of the Mental Health (Forensic Procedures) Act I refer Mr Peterson to the Mental Health Review Tribunal in light of the limiting term I have nominated. (2)I order that in accordance with the previous order of the Mental Health Review Tribunal he be held in custody in an appropriate correctional centre until further assessment by the tribunal. Catchwords: CRIMINAL LAW - special hearing - imposition of limiting term - manslaughter - substantial impairment by way of abnormality of the mind - where offender beat deceased with a bat - where offender suffered from intellectual disability Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Muldrock v R (2011) 244 CLR 120 Potts v R [2012] NSWCCA 229; (2012) 227 A Crim R 217 R v Blacklidge (unreported, NSWCCA 12 December 1995) R v Engert (1995) 84 A Crim R 67 R v Goodridge (No 2) [2012] NSWSC 1180 R v Mailes [2004] NSWCCA 394 Veen v The Queen (No 2) (1988) 164 CLR 465 Category: Sentence Parties: The Queen (Crown) John Francis Peterson (Accused) Representation: Counsel: C Maxwell QC (Crown) C Smith (Accused) Solicitors: Office of the Director of Public Prosecutions (Crown) Legal Aid NSW (Accused) File Number(s): 2012/173835