R v Birri Morris [2017] NSWSC 945

Supreme Court New South Wales

Medium Neutral Citation: R v Birri Morris [2017] NSWSC 945 Hearing dates: 10 July 2017 – 13 July 2017 Date of orders: 13 July 2017 Decision date: 13 July 2017 Jurisdiction: Common Law Before: Campbell J Decision: (1) Under s 38 Mental Health (Forensic Provisions) Act 1990 (NSW), I return a special verdict that Mr Morris is not guilty of murdering Mr Roberts by reason of mental illness; (2) Under s 39 of the Act, Birri Jo Morris 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; (3) I direct the Registrar to notify the Minister for Health of these orders; (4) 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 and the psychiatric exhibits. Catchwords: CRIMINAL LAW – special hearing – murder – circumstantial case – mental illness defence – held that actus reus for murder satisfied – held that accused had untreated paranoid schizophrenia at the time of offending – special verdict entered Legislation Cited: Criminal Procedure Act 1986 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Alford v Magee (1952) 85 CLR 437 Commissioner for Road Transport and Tramways v Prerauer (1950) 50 SR (NSW) 271 Hawkins v The Queen (1994) 179 CLR 500 R v McNaughten (1843) 8 ER 718 R v Minani (2005) 63 NSWLR 490 R v Presser [1958] VR 45 Stanton v The Queen [2003] HCA 29; 77 ALJR 1151 The King v Porter [1933] HCA 1; 55 CLR 182 Category: Principal judgment Parties: Director of Public Prosecutions (Crown) Birri Morris (Accused) Representation: Counsel: C Todd (Crown) C Bruce SC (Accused)