R v Cahill [2017] NSWSC 1408

Supreme Court New South Wales

Medium Neutral Citation: R v Cahill [2017] NSWSC 1408 Hearing dates: 16 October 2017 Date of orders: 17 October 2017 Decision date: 17 October 2017 Jurisdiction: Common Law Before: Bellew J Decision: (1) I find the accused not guilty of each of counts 1, 2 and 3 in the indictment on the grounds of mental illness.

(2) I order that the accused be detained pursuant to s. 39 of the Mental Health (Forensic Provisions) Act 1990, in an appropriate correctional centre or in such facility as the Mental Health Review Tribunal may determine, until he is released by due process of law.

(3) I direct the Registrar to notify the Minister for Health, and the Mental Health Review Tribunal, of these orders. Catchwords: CRIMINAL LAW – Offence – Murder – Mental illness – Where accused repeatedly stabbed deceased – Where accused had a long history of mental illness – Where medical experts diagnosed treatment resistant schizophrenia – Defence of mental illness made out – Accused found not guilty on the grounds of mental illness Legislation Cited: Criminal Procedure Act 1986 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Fleming v R (1998) 197 CLR 250; [1998] HCA 68 Markou v R [2012] NSWCCA 64 Mizzi v R (1960) 105 CLR 659; [1960] HCA 77 R v Afele [2014] NSWSC 366 R v Ayoub [1984] 2 NSWLR 511 R v Cahill [2016] NSWSC 1697 R v Minani (2005) 63 NSWLR 490; [2005] NSWCCA 226 R v M'Naghten (1843) 8 ER 718 R v Porter (1933) 55 CLR 182; [1933] HCA 1 R v S [1979] 2 NSWLR 1 R v Winner (1995) 79 A Crim R 528 W v R [2014] NSWCCA 110 Category: Principal judgment Parties: Regina – Crown William Rodney Cahill - Accused Representation: Counsel: E Balodis – Crown C Smith SC – Accused