R v Gourlay [2015] NSWSC 67

Supreme Court New South Wales

Medium Neutral Citation: R v Gourlay [2015] NSWSC 67 Hearing dates: 10 February 2015 Decision date: 13 February 2015 Jurisdiction: Common Law - Criminal Before: Button J Decision: (1)With regard to the count of murder, I return a special verdict that the accused is not guilty on the ground of mental illness. (2)Order that Daniel Michael Gourlay be detained at Long Bay Hospital, or at such other place as may be determined from time to time by the Mental Health Review Tribunal, until released by due process of law. (3)Direct the Registrar of the Court, as soon as practicable, to notify the Minister for Health of this judgment and order. (4)Direct the Registrar of the Court, as soon as practicable, to notify the Mental Health Review Tribunal of this judgment and order and to provide to that Tribunal the following documentation: (a)A copy of these reasons for verdict and orders; (b)A transcript of these proceedings, including of the mention of 3 February 2015; and (c)A copy of each of the exhibits tendered at trial. Catchwords: CRIMINAL LAW – particular offences – offences against the person – murder – trial by judge alone – consideration of the affirmative defence of mental illness – accused did physical act – accused suffering from disease of the mind that led to a defect of reason – accused did not appreciate the moral wrongfulness of his act – verdict not guilty on the ground of mental illness Legislation Cited: Crimes Act 1900 (NSW), s 18 Criminal Procedure Act 1986 (NSW), s 132(2) Evidence Act 1995 (NSW), ss 165, 184 Mental Health (Forensic Provisions) Act 1990 (NSW), ss 38, 39(1) Cases Cited: Hawkins v The Queen (1994) 179 CLR 500 McNaghten's Case (1843) 8 ER 718 R v Minani [2005] NSWCCA 226 R v Newbury [2012] NSWSC 1361 Ryan v The Queen (1967) 121 CLR 205 The King v Porter [1933] HCA 1; (1933) 55 CLR 182 Category: Principal judgment Parties: Regina Daniel Michael Gourlay Representation: Counsel: T Thorpe (Crown) R Wilson (Accused)