R v Morphy [2015] NSWSC 848

Supreme Court New South Wales

Medium Neutral Citation: R v Morphy [2015] NSWSC 848 Hearing dates: 29 June 2015 Date of orders: 29 June 2015 Decision date: 20 July 2015 Before: Mathews AJ Decision: I enter a verdict of not guilty by reason of mental illness pursuant to s 38.of the Mental Health (Forensic Provisions) Act 1990 Catchwords: Murder; judge alone trial; defence of mental illness; special verdict – not guilty on the ground of mental illness Legislation Cited: Crimes Act 1900 Mental Health (Forensic Provisions) Act 1990 Cases Cited: Hawkins v the Queen (1994) 179 CLR 500 R v McNaghten (1843) 8 ER 718 Category: Principal judgment Parties: Regina Stuart Morphy Representation: Counsel: T Thorpe (Crown) N Steel (Accused)

Solicitors: Solicitor for Public Prosecutions (Crown) Legal Aid NSW (Accused) File Number(s): 2013/365991 Publication restriction: No

Judgment 1. MATHEWS AJ: On 29 June 2015 Stuart Morphy was charged by way of indictment with the offence that on 4 December 2013 at Guildford in New South Wales he murdered Christie Camilleri. He pleaded not guilty by reason of mental illness. 2. An order had previously been made, by consent, that the proceedings be tried by judge alone. Accordingly, the trial proceeded before me without a jury. A number of documents were tendered by the Crown, all of them by consent. Indeed, they included two psychiatric reports obtained on behalf of the defence. Brief oral evidence was given by the forensic psychiatrist, Professor Greenberg, who had assessed the accused on behalf of the Crown. Both counsel were in agreement that the appropriate verdict in all the circumstances was the special verdict of not guilty by reason of mental illness. 3. All relevant documents, including psychiatric reports, had previously been provided to me by counsel. Having read those documents and heard Professor Greenberg's evidence, I was firmly of the view that this was the only appropriate verdict in the circumstances. Accordingly, I entered a verdict that the accused was not guilty by reason of mental illness. I adjourned the proceedings until 10 August and made orders as to the accused's disposition in the meantime. I also ordered that a report be provided to the Court on the adjourned date, containing recommendations as to the placement of the accused in a prison or mental health facility. I said that I would deliver the reasons for my verdict at a date to be fixed. 4. These, then, are my reasons for finding the accused (as I shall call Mr Morphy) not guilty by reason of mental illness.