R v Lieu (No 2) [2018] NSWSC 486

Supreme Court New South Wales

Medium Neutral Citation: R v Lieu (No 2) [2018] NSWSC 486 Hearing dates: 16, 17 & 18 April 2018 Date of orders: 20 April 2018 Decision date: 20 April 2018 Jurisdiction: Common Law Before: Campbell J Decision: My orders are: Under s 38 Mental Health (Forensic Provisions) Act 1990 (NSW), I return a special verdict of not guilty of the charge of murder by reason of mental illness; Under s 39 of the Act, Lung Lieu 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; I direct the Registrar to notify the Minister for Health of these orders; 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 transcript of evidence and reports of Professor Greenberg and Dr Teoh. Catchwords: CRIMINAL LAW – offences against the person - murder - trial by judge alone - defence of mental illness - accused suffering from severe case of Chronic Paranoid Delusional Disorder - accused did not understand wrongfulness of his act - distinction between legal and "moral wrongfulness" - finding of not guilty by reason of mental illness Legislation Cited: Crimes Act 1900 (NSW) s 23A; Criminal Procedure Act 1986 (NSW) ss 132, 133, Mental Health (Forensic Provisions) Act 1990 (NSW) ss 38, 39, 43 Cases Cited: Alford v Magee (1952) 85 CLR 437; Hadfield's case (1800) 27 State Trials 1281 Hawkins v The Queen (1994) 179 CLR 500; [1994] HCA 28; R v Codere [1916] 12 Cr App R. 21; R v Jenkins (1963) 64 SR (NSW) 20; Texts Cited: Nil Category: Principal judgment Parties: Regina (Crown) Lung Lieu (Accused) Representation: Counsel: N Williams (Crown) E Ozen (Accused)