R v Debrincat [2015] NSWSC 1030

Supreme Court New South Wales

Medium Neutral Citation: R v Debrincat [2015] NSWSC 1030 Hearing dates: 28 July 2015 Date of orders: 28 July 2015 Decision date: 28 July 2015 Jurisdiction: Common Law - Criminal Before: Acting Justice Mathews Decision: Not Guilty by Reason of Mental Illness

1. Order that Colin Debrincat be detained at the MRRC at Silverwater or such other places as may be determined from time to time by the Mental Health Review Tribunal, until released by due process of law. 2. Direct that the Registrar of the Court to notify the Minister for Health of this judgment and order. 3. Direct that the Registrar of the Court notify the Mental Health Review Tribunal of this judgment and order and to provide to that Tribunal the following documentation: (a) a copy of my reasons for verdict and orders once delivered; (b) a transcript of these proceedings; (c) a copy of each of the exhibits tendered at the trial. 4. Order that the committal proceedings in relation to the charge of aggravated robbery - that Colin Robert Debrincat on 17 January 2002 at Sydney in the State of New South Wales did rob James Allen of certain property, to wit, a Smith and Wesson .38 calibre revolver, the property of Chubb Security and at the time of the robbery used corporal violence on the said James Allen to be continued before a Magistrate in the Local Court at Gosford Catchwords: Murder, judge alone trial, defence of mental illness, special verdict – not guilty on the ground of mental illness Legislation Cited: Criminal Procedure Act 1986 Mental Health (Forensic Provisions) Act 1990 Cases Cited: R v McNaghten (1843) 8 ER 718 The King v Porter [1933] HCA 1; (1933) 55 CLR 182 Texts Cited: Not Applicable Category: Principal judgment Parties: Regina Colin Robert Debrincat (Offender) Representation: Counsel: G Newton (Crown) J O'Sullivan (Offender)