R v Brewer (No. 2) [2015] NSWSC 1547

Supreme Court New South Wales

Medium Neutral Citation: R v Brewer (No. 2) [2015] NSWSC 1547 Hearing dates: 6,7,8,9,13,15 and 19 October 2015 Date of orders: 23 October 2015 Decision date: 23 October 2015 Jurisdiction: Common Law Before: Bellew J Decision: 1. I find the accused not guilty of the murder of Visakesvaran Velupillai on the grounds of mental illness.

2. I order that the accused be detained, pursuant to s. 39 of the Mental Health (Forensic Provisions) Act 1990, in an appropriate correctional centre, or in such facility as the Mental Health Review Tribunal may determine, until he is released by due process of law.

3. I direct the Registrar to notify the Minister for Health, and the Mental Health Review Tribunal, of these orders. Catchwords: CRIMINAL LAW – Offences – Murder – Where accused charged with murder – Where psychiatrists qualified on behalf of the Crown and the accused each expressed the view that a defence of mental illness was available – Accused found not guilty on the grounds of mental illness

PRACTICE AND PROCEDURE – Legal practitioners – Duties and responsibilities of counsel – Where medical evidence established the availability of a defence of mental illness – Where the accused asserted in evidence that he was not mentally ill – Where the accused had instructed his Counsel not to pursue a defence of mental illness – Where defence was raised on the evidence – Responsibility of the Court to consider the issue Legislation Cited: Criminal Procedure Act 1986 Mental Health (Forensic Provisions) Act 1990 Cases Cited: Dezfouli v R [2007] NSWCCA 86 Flemming v R [1998] HCA 68; (1998) 197 CLR 250 Markou v R [2012] NSWCCA 64; (2012) 221 A Crim R 78 R v Afele [2014] NSWSC 366 R v Foy (1922) 39 WN (NSW) 20 R v McNaughten (1843) 8 ER 718; R v Minani [2005] NSWCCA 226; (2005) 63 NSWLR 490 R v Porter [1933] HCA 1; (1933) 55 CLR 182 R v S [1979] 2 NSWLR 1 R v Stables [2014] NSWSC 697 R v Winner [1995] 79 A Crim R 528 W v R [2014] NSWCCA 110 Category: Principal judgment Parties: Crown - Regina Adam James Brewer - Accused Representation: Counsel: Crown – Mr M Barr Accused – Mr P Skinner