R v Fraser [2018] NSWSC 1598

Supreme Court New South Wales

Medium Neutral Citation: R v Fraser [2018] NSWSC 1598 Hearing dates: 22-23 October 2018 Date of orders: 23 October 2018 Decision date: 23 October 2018 Jurisdiction: Common Law Before: Fagan J Decision: (1) Verdict of not guilty by reason of mental illness.

(2) Order that pursuant to s 39 of the Mental Health (Forensic Provisions) Act Vanessa Fraser be detained in the place wherein she has until now been remanded in custody, or in such other place as the Mental Health Review Tribunal may hereafter direct until she is released by due process of law.

(3) The Registrar of the Court is to notify the Attorney General, the Minister for Health and the Mental Health Review Tribunal as soon as practicable of these orders and to provide each of them with a copy of: (a) the reasons of the trial judge given this day, 23 October 2018; (b) the report of Dr Furst, dated 17 September 2017, marked exhibit 1 in the trial; (c) exhibit A in the trial incorporating the report of Dr Samuels, dated 24 November 2017 and (d) exhibit 2 in the trial, being a letter signed by the accused, dated 26 August 2018. Catchwords: CRIMINAL LAW – particular offences – offences against the person – homicide – murder – victim killed while driving motorcycle when accused struck victim in car from behind at high speed – where accused exhibited symptoms of psychosis – paranoid delusions and auditory hallucinations – where accused acted under delusions – special verdict of not guilty by reason of mental illness

CRIMINAL LAW – general matters – criminal liability and capacity – defences – insanity or mental impairment – delusions concerning victim and control of actions of accused – whether accused so mentally impaired that she did not understand the quality and nature of her actions – whether criminally responsible – Mental Health (Forensic Provisions) Act 1990 (NSW), s 38(1) Legislation Cited: Criminal Procedure Act 1986 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Hawkins v The Queen (1994) 179 CLR 500; [1994] HCA 28 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 Category: Principal judgment Parties: Regina (Crown) Vanessa Fraser (Accused) Representation: Counsel: Mr B Campbell (Crown) Mr J Watts (Accused)