R v Papley [2017] NSWSC 1068

Supreme Court New South Wales

Medium Neutral Citation: R v Papley [2017] NSWSC 1068 Hearing dates: 17 July – 14 August 2017 Decision date: 18 August 2017 Jurisdiction: Common Law Before: R A Hulme J Decision: Not guilty by reason of mental illness Catchwords: CRIMINAL LAW – murder – trial by judge alone – alleged deceased was accused's infant daughter – child not seen since 2000 or 2001 – no sign of life from extensive police searches – circumstantial case – lies evidencing consciousness of guilt – satisfied child is deceased – satisfied deliberate act/omission causing the child's death

CRIMINAL LAW – defence of mental illness – history of serious mental illness – expert evidence unanimous that defence available – schizophrenia – accused untreated during period child disappeared – chronic persecutory delusions involving the child, accused's mother and authorities – not guilty by reason of mental illness Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) s 15A Criminal Procedure Act 1986 (NSW) ss 132, 132A Evidence Act 1995 (NSW) s 89 Mental Health (Forensic Provisions) Act 1990 (NSW) s 38 Cases Cited: Hawkins v The Queen [1994] HCA 28; 179 CLR 500 Lane v R [2013] NSWCCA 317; 241 A Crim R 321 McNaghten's Case (1843) Cl and F 200; 8 ER 718 R v Minani [2005] NSWCCA 226; 63 NSWLR 490 R v PL [2009] NSWCCA 256; 199 A Crim R 199 Sodeman v The King [1936] HCA 75; 55 CLR 192 Stapleton v The Queen [1952] HCA 56; 86 CLR 358 The King v Porter [1933] HCA 1; 55 CLR 182 The Queen v Baden-Clay [2016] HCA 35; 258 CLR 308 Category: Principal judgment Parties: Regina Karen Papley Representation: Counsel: Mr L Carr (Crown) Mr T Gartelmann SC (Accused)