R v Anderson [2017] NSWDC 148

District Court New South Wales

Medium Neutral Citation: R v Anderson [2017] NSWDC 148 Hearing dates: 9 – 10 May 2017 Date of orders: 12 May 2017 Decision date: 12 May 2017 Jurisdiction: Criminal Before: Hatzistergos DCJ Decision: I enter the following special verdicts:-

1. Pursuant to s 38(1) of the Mental Health (Forensic Provisions) Act 1990 (NSW), on the charge of wounding Mr Andrew Anderson with the intention of murdering him, I find the accused not guilty by reason of mental illness;

2. Pursuant to s 38(1) of the Mental Health (Forensic Provisions) Act 1990 (NSW), on the charge of wounding Mr Andrew Anderson with the intention to cause him grievous bodily harm, I find the accused not guilty by reason of mental illness; and

3. Pursuant to s 38(1) of the Mental Health (Forensic Provisions) Act 1990 (NSW), on the charge of wounding Mrs Patricia Anderson with the intention to cause her grievous bodily harm, I find the accused not guilty by reason of mental illness.

Further, I also make the following orders and directions:-

4. In accordance with s 39(1) of the Mental Health (Forensic Provisions) Act 1990 (NSW), I order that the accused be detained in a correctional centre or such a place that may be determined from time to time by the Mental Health Review Tribunal until his release by due process of law;

5. I direct that as soon as practicable, the Registrar of the Court notify the Minister for Health of the terms of this order; and

6. I direct that as soon as practicable, the Registrar of the Court notify the Mental Health Review Tribunal of this order and provide the Tribunal with the following documentation: