R v Briggs [2017] NSWSC 1685

Supreme Court New South Wales

Medium Neutral Citation: R v Briggs [2017] NSWSC 1685 Hearing dates: 5 December 2017 Date of orders: 06 December 2017 Decision date: 06 December 2017 Jurisdiction: Common Law Before: Bellew J Decision: (1) I find the accused Alex John Briggs not guilty of the murder of Vivienne Slessor on 19 August 2016 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 and in doing so to provide each of them with (a) a copy of the transcript of the proceedings before me; (b) a copy of the exhibits tendered; and (c) a copy of this judgment. Catchwords: CRIMINAL LAW – Offence – Murder – Mental illness – Where accused was son of the deceased – Where accused had suffered head injury some 17 years earlier – Evidence of pre-existing persecutory ideations and substance abuse disorder – Where accused had been admitted to psychiatric facility on two separate occasions – Accused diagnosed with schizophrenia by medical experts – Defence of mental illness made out – Accused found not guilty on the grounds of mental illness Legislation Cited: Criminal Procedure Act 1986 Mental Health (Forensic Provisions) Act 1990 Cases Cited: Mizzi v R (1960) 105 CLR 659; [1961] ALR 137 R v Afele [2014] NSWSC 366 R v Ayoub [1984] 2 NSWLR 511 R v Lazarus [2017] NSWCCA 279 R v M'Naghten (1843) 8 ER 718 R v Minani (2005) 63 NSWLR 490; (2005) NSWCCA 226 R v Porter (1933) 55 CLR 182, [1933] HCA 1 R v S [1979] 2 NSWLR 1 Category: Principal judgment Parties: Regina - Crown Alex John Briggs - Accused Representation: Counsel: L Shaw - Crown I Nash - Accused