R v MB (No. 3) [2014] NSWSC 1796

Supreme Court New South Wales

Medium Neutral Citation: R v MB (No. 3) [2014] NSWSC 1796 Hearing dates: 17 December 2014 Decision date: 19 December 2014 Before: Bellew J Decision: 1. I nominate, as the limiting term in respect of the offence of murder, a period of 20 years commencing on 11 December 2014. 2. In accordance with s. 24(1)(a) of the Mental Health (Forensic Provisions) Act 1990 I refer the offender to the Mental Health Review Tribunal. 3. The offender is to be detained in an appropriate correctional centre or such facility as the Mental Health Review Tribunal may determine. 4. The Registrar is to notify: i. the Minister for Health; ii. the Chairperson of the Mental Health Review Tribunal; and iii. the Commissioner for Corrective Services NSW of these orders. Catchwords: CRIMINAL LAW - mental health - where finding made on the limited evidence available the offender murdered her 6 month old daughter - necessity to impose a limiting term - seriousness of offending - whether offending pre-meditated - necessity not to allow evidence of mental illness to overwhelm appropriate consideration of the circumstances of the offending - whether offender had demonstrated remorse - whether offender be appropriate vehicle for general deterrence Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; (2010) 79 NSWLR 1 Fahs v R [2007] NSWCCA 26 R v AN [2005] NSWCCA 239 R v Mitchell [1999] NSWCCA 120; (1999) 108 A Crim R 85 R v Reynolds [2004] NSWCCA 51 R v Wilson (No. 3) [2013] NSWSC 1684 Texts Cited: Nil Category: Principal judgment Parties: Regina - Crown MB - Offender Representation: Counsel: Ms N Noman SC - Crown Mr R Webb - Offender Solicitors: Director of Public Prosecutions (NSW) - Crown Nyman Gibson Stewart - Offender File Number(s): 2011/149163 Publication restriction: Nil