R v Webber [2015] NSWSC 1052

Supreme Court New South Wales

Medium Neutral Citation: R v Webber [2015] NSWSC 1052 Hearing dates: 27 & 28 July 2015 Date of orders: 30 July 2015 Decision date: 30 July 2015 Jurisdiction: Common Law Before: Campbell J Decision: My orders are: Under s 38 Mental Health (Forensic Provisions) Act 1990 (NSW), I return a special verdict of not guilty of the charge of murder by reason of mental illness; Under s 39 of the Act, Geoffrey Webber is to be detained in a correctional facility or at such other place as determined by the Mental Health Review Tribunal until released by due process of law; I direct the Registrar to notify the Minister for Health of these orders; I direct the Registrar to notify the Mental Health Review Tribunal of my special verdict and of these orders. The Registrar is to provide the Tribunal with a copy of these reasons, my orders and the exhibits. Catchwords: CRIMINAL LAW – offences against the person – murder – trial by judge alone – defence of mental illness – accused suffering from severe case of paranoid schizophrenia – accused did not understand wrongfulness of his act – finding of not guilty by reason of mental illness Legislation Cited: Crimes Act 1900 (NSW); Criminal Procedure Act 1986 (NSW); Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Alford v Magee (1952) 85 CLR 437 at 466; Hawkins v The Queen [1994] HCA 28; 179 CLR 500; The King v Porter [1933] HCA 1; 55 CLR 182; R v Jenkins (1963) 64 SR (NSW) 20; Category: Principal judgment Parties: Regina (Plaintiff) Geoffrey Webber(Defendant) Representation: Counsel: N Williams (Crown Prosecutor) C Loukas SC (Accused)