R v O’Keefe [2015] NSWSC 89

Supreme Court New South Wales

Medium Neutral Citation: R v O'Keefe [2015] NSWSC 89 Hearing dates: 11-12 February 2015 Decision date: 19 February 2015 Jurisdiction: Common Law - Criminal Before: Button J Decision: (1)On the count of murder, I return a special verdict that the accused, Bruce Francis O'Keefe, is not guilty on the ground of mental illness. (2)The accused is to be detained at the Hamden Unit of the Metropolitan Remand and Reception Centre at Silverwater, 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)The Registrar is to notify the Minister for Health, as soon as reasonably practicable, of the terms of this judgment and the orders made by this Court. (4)The Registrar is to notify the Mental Health Review Tribunal, as soon as reasonably practicable, of the terms of this judgment and the orders made by this Court, and to provide that Tribunal with the following documentation: (a)A copy of these reasons for verdict and orders; (b)A transcript of these proceedings, including of the mentions of 3 February 2015 and 11 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: Criminal Procedure Act 1986 (NSW), s 132(2) Mental Health (Forensic Provisions) Act 1990 (NSW), ss 37, 38, 39(1), 43(a) Cases Cited: Hawkins v The Queen [1994] HCA 28; (1994) 179 CLR 500 McNaghten's Case (1843) 8 ER 718 R v Minani [2005] NSWCCA 226; (2005) 63 NSWLR 490 Ryan v The Queen [1967] HCA 2; (1967) 121 CLR 205 The King v Porter [1933] HCA 1; (1933) 55 CLR 182 Category: Principal judgment Parties: Regina Bruce Francis O'Keefe Representation: Counsel: J Crespo (Crown) A Djemal (Accused)