R v Brown [2015] NSWSC 236

Supreme Court New South Wales

Medium Neutral Citation: R v Brown [2015] NSWSC 236 Hearing dates: 30 March 2015 Date of orders: 16 April 2015 Decision date: 16 April 2015 Jurisdiction: Common Law - Criminal Before: Mathews AJ Decision: In relation to the charge that the accused, David John Brown, murdered Therese Ann Brown, I enter a special verdict that he is not guilty by reason of mental illness. In addition I make the following orders: (a) That he, David John Brown, be detained by the Department of Corrective Services until released by due process of law. (b) That the Registrar of the Court notify the Minister of Health of this judgment and order. (c) 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 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 Mental Health (Forensic Provisions) Act 1990 Cases Cited: Hawkins v The Queen (1994) 179 CLR R v McNaghten (1843) i ER 718 R v Newbury [2012] NSWSC The King v Porter (1933) 55 CLR Category: Principal judgment Parties: Regina David John Brown Representation: Counsel: Mr M Hobart SC (Crown) Mr E Ozen (Accused)