R v Settree (No 2) [2016] NSWSC 1079

Supreme Court New South Wales

Medium Neutral Citation: R v Settree (No 2) [2016] NSWSC 1079 Hearing dates: 27 July; 3-4 August 2016 Date of orders: 04 August 2016 Decision date: 04 August 2016 Jurisdiction: Common Law Before: Campbell J Decision: (1) Under s 38 Mental Health (Forensic Provisions) Act 1990 (NSW), I return a special verdict of not guilty of the charge of murder of Margaret Settree by reason of mental illness; (2) Under s 38 Mental Health (Forensic Provisions) Act 1990 (NSW), I return a special verdict of not guilty of the charge of murder of Ian Donald Settree by reason of mental illness; (3) Under s 39 of the Act, Scott Settree 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; (4) I direct the Registrar to notify the Minister for Health of these orders; (5) 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, the transcript of proceedings for 3rd August, 2016 and the reports of Drs Samuel and Nielssen.

For the firearms charge:

Convicted of possessing an unauthorised prohibited firearm on 3 December 2014, contrary to the provisions of s 7(1) Firearms Act 1996 (NSW). Sentenced to a fixed term of full time imprisonment of 18 months duration, commencing on 3 December 2014 and expiring on 2 June 2016. 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), s 18 Criminal Procedure Act 1986 (NSW), ss 104, 105, 107, 132, 133 Evidence Act 1995 (NSW), ss 60, 184 Firearms Act 1996 (NSW), ss 4, 7 Mental Health (Forensic Provisions) Act 1990 (NSW), ss38, 39, 43(a) 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; R v McNaughton (1843) 8 ER 718; R v Minani [2005] NSWCCA 226; 63 NSWLR 490 Category: Principal judgment Parties: Regina Scott Settree (Accused) Representation: Counsel: E Balodis (Crown Prosecutor) E Wilson SC (Public Defender)