R v Wilson (No 4) [2017] NSWSC 1730

Supreme Court New South Wales

Medium Neutral Citation: R v Wilson (No 4) [2017] NSWSC 1730 Hearing dates: 27 November 2017, 28 November 2017, 30 November 2017, 1 December 2017, 4 December 2017, 5 December 2017 and 6 December 2017 Date of orders: 13 December 2017 Decision date: 13 December 2017 Jurisdiction: Common Law Before: Schmidt J Decision: On the limited evidence available, Ms Wilson is not guilty of murder, but guilty of manslaughter. Catchwords: CRIMINAL LAW – special hearing under Mental Health (Forensic Provisions) Act 1990 – murder – judge alone – alternative charge of manslaughter – accused suffering mental impairment – whether accused intended to seriously injure victim when she hit him with a metal pole – how numerous burns were caused –– whether victim was struck before he was burnt by boiling water – self-defence – provocation – partial defence of substantial impairment by abnormality of mind – verdict – on the limited evidence available accused not guilty of murder but guilty of manslaughter Legislation Cited: Crimes Act 1900 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Hawkins v R (1994) 179 CLR 500; [1994] HCA 28 Mizzi v R (1960) 105 CLR 659; [1960] HCA 77

R v M'Naghten (1843) 8 ER 718; [1843 - 60] All ER 229; R v Porter (1933) 55 CLR 182; [1933] HCA 1 R v Wilson (No 3) [2017] NSWSC 1680 Stingel v The Queen (1990) 171 CLR 312; [1990] HCA 61 Van Den Hoek v The Queen (1986) 161 CLR 158 at 167; [1986] HCA 76 Wilson v The Queen (1992) 174 CLR 313; [1992] HCA 31 Category: Principal judgment Parties: Regina Pearl Marie Wilson Representation: Counsel: Ms K Ratcliffe (Crown) Mr P McGrath SC (Accused)