R v Waters [2015] NSWSC 235

Supreme Court New South Wales

Medium Neutral Citation: R v Waters [2015] NSWSC 235 Hearing dates: 23 March 2015 Date of orders: 09 April 2015 Decision date: 09 April 2015 Jurisdiction: Common Law - Criminal Before: Mathews AJ Decision: I enter a special verdict that the accused, Eliza Lily Waters is not guilty on the ground of mental illness. I make the following orders: 1.That she, Eliza Lily Waters, be detained at the Step Down Unit at Silverwater Correctional Centre, or such other place as may be determined from time to time by the Mental Health Review Tribunal, until released by due process of law. 2. That the Registrar of the Court notify the Minister for Health of this judgment and order. 3. That the Registrar of the Court notify the Mental Health Review Tribunal of this judgment and order and provide the Tribunal with the following documentation: (i) A copy of these reasons for verdict and orders; (ii) A transcript of these proceedings; (iii) A copy of each of the exhibits tendered at the hearing. Catchwords: Murder; judge alone trial; defence of mental illness; special verdict - not guilty on the grounds of mental illness Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 (as amended) Mental Health (Forensic Provisions) Act 1990 Cases Cited: Hawkins v the Queen (1994) 179 CLR R v McNaghten (1843) 8 ER R v Newbury [2012] NSWSC 1361 The King v Porter (1933) 55 CLR Category: Principal judgment Parties: Regina Eliza Lily Waters Representation: Counsel: Ms E Wilkins SC (Crown) Ms B Rigg SC (Accused)