R v Moyano (No 2) [2016] NSWSC 1485

Supreme Court New South Wales

Medium Neutral Citation: R v Moyano (No 2) [2016] NSWSC 1485 Hearing dates: 17 October 2016 Date of orders: 21 October 2016 Decision date: 21 October 2016 Before: Schmidt J Decision: Special verdict entered that Charles Robert Moyano is not guilty on the ground of mental illness. Under s 39 of the Mental Health (Forensic Provisions) Act, it is ordered that Mr Moyano 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; Also directed that as soon as practicable the Registrar: (1) notify: (a) the Minister of Health of the order; and (b) the Mental Health Review Tribunal of the verdict and of this order, and (2) provide the Tribunal with a copy of: (i) these reasons; (ii) the transcript of the special hearing; and (iii) the exhibits tendered during the special hearing. Catchwords: CRIMINAL LAW – murder – special hearing – defence of mental illness established – verdict – not guilty on the ground of mental illness – order under s 39 of the Mental Health (Forensic Provisions) Act that accused 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 – special verdict entered – orders made Legislation Cited: Crimes Act 1900 (NSW) Mental Health Act 2007 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Hawkins v R (1994) 179 CLR 500; [1994] HCA 28 R v M'Naghten (1843) 8 ER 718; [1843-60] All ER 229 R v Minani (2005) 63 NSWLR 490; [2005] NSWCCA 226 R v Charles Robert Moyano [2015] NSWSC 1444 R v Porter (1933) 55 CLR 182; [1933] HCA 1 R v Zvonaric (2001) 54 NSWLR 1; [2001] NSWCCA 505 Category: Principal judgment Parties: Regina Charles Robert Moyano Representation: Counsel: Mr C Maxwell QC (Crown) Ms C Loukas SC and Ms S Steward (Accused)