R v Quinn (No 2) [2016] NSWSC 1244

Supreme Court New South Wales

Medium Neutral Citation: R v Quinn (No 2) [2016] NSWSC 1244 Hearing dates: 8 August 2016, 9 August 2016, 10 August 2016, 11 August 2016, 15 August 2016, 16 August 2016, 17 August 2016, 18 August 2016, 19 August 2016, 22 August 2016, 23 August 2016, 24 August 2016, 25 August 2016 and 30 August 2016 Date of orders: 08 September 2016 Decision date: 08 September 2016 Jurisdiction: Common Law - Criminal Before: Beech-Jones J Decision: (1) The Court finds the accused guilty of murder; (2) The accused is convicted of murder; (3) The Court directs that the proceedings standover for submissions on sentence on Friday, 14 October 2016 at 10.00am. Catchwords: CRIMINAL LAW – murder – trial by judge alone – accused alleged to have stabbed ex-girlfriend – cause of death blood loss from stab wound to the neck – accused immediately stabbed himself in chest and neck afterwards – accused contended that stabbing accidental – accused also raised defence of substantial impairment – Crown case circumstantial – necessary to consider all circumstances established by evidence – whether any reasonable inference or conclusion open that is inconsistent with the conclusion that the accused deliberately stabbed deceased – Crown established deceased broke relationship off with accused and accused distressed by breakup – Crown established stab and incised wounds to the neck and defensive wounds to deceased's hand – given nature of wounds and other circumstances of killing no inference reasonably open other than accused deliberated stabbed the deceased in the neck – only rational inference is that accused intended to kill deceased – substantial impairment – accused affected by obsessive compulsive disorder and borderline personality disorder – established abnormality of mind due to underlying condition – failed to establish substantial impairment of capacity to understand events or judge whether his actions right or wrong – absence of reliable narrative from accused meant failed to establish substantial impairment of capacity to control himself – partial defence of substantial impairment failed – accused guilty of murder Legislation Cited: Crimes Amendment (Provocation) Act 2014 (NSW) Crimes Amendment (Diminished Responsibility) Act 1997 (NSW) Criminal Procedure Act 1986 (NSW) Crimes Act 1900 (NSW) Evidence Act 1995 (NSW) Cases Cited: Barca v The Queen (1975) 133 CLR 82; [1975] HCA 42 Edwards v The Queen (1993) 178 CLR 193; [1993] HCA 63 Haoui v Regina (2008) 118 A Crim R 331; [2008] NSWCCA 209 Potts v R (2012) 227 A Crim R 217; [2012] NSWCCA 229 R v Byrne [1960] 2 QB 396 R v Cheatham [2002] NSWCCA 360 R v Hillier (2007) 228 CLR 618; [2007] HCA 13 R v Kaewklom (No. 1) [2012] NSWSC 1103 R v Majdalawi (2000) 113 A Crim R 241; [2000] NSWCCA 240 R v Maric [2009] NSWSC 346 R v Murphy (1985) 4 NSWLR 42 R v Quinn (No 1) [2016] NSWSC 1101 R v Ryan (1995) 90 A Crim R 191 R v Spriggs [1958] 1 QB 270 R v Trotter (1993) 35 NSWLR 428 Shepherd v The Queen (1990) 170 CLR 573; [1990] HCA 56 The Queen v Baden-Clay [2016] HCA 35 Wilson v The Queen (1992) 174 CLR 313; [1992] HCA 31 Zoneff v The Queen (2000) 200 CLR 234; [2000] HCA 28 Category: Principal judgment Parties: Regina Michael James Quinn Representation: Counsel: Mr M Hobart SC (Crown) Ms J Manuell SC (Accused)