R v Tui [2018] NSWSC 1619

Supreme Court New South Wales

Medium Neutral Citation: R v Tui [2018] NSWSC 1619 Hearing dates: 15 October – 17 October 2018, 19 October 2018, 22 October 2018 Date of orders: 25 October 2018 Decision date: 25 October 2018 Jurisdiction: Common Law Before: Wilson J Decision: 1. Pursuant to s 38 of the Mental Health (Forensic Provisions) Act 1990 (NSW), a special verdict of not guilty of the charge of murder by reason of mental illness is returned. 2. Pursuant to s 39 of the Mental Health (Forensic Provisions) Act 1990 (NSW), James Vaa Tui 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. 3. I direct that the Registrar notify the Minister for Health of these orders. 4. I direct that the Registrar notify the Mental Health Review Tribunal of my verdict and of these orders. I also direct that the Registrar provide the Tribunal with a copy of these reasons and my orders and a copy of exhibits S, T, Y, Z, AC, 2, 3, and 6, tendered during the special hearing. Catchwords: CRIMINAL LAW – murder – trial by judge alone – defence of mental illness – relevance of evidence of planning – special verdict Legislation Cited: Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Evidence Act 1995 (NSW) Evidence (Audio and Audio Visual Links) Act 1998 (NSW) Mental Health (Criminal Procedure) Act 1990 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: R v James Va'a Tui [2017] NSWSC 1366 R v M'Naghten (1843) 8 ER 718 Stapleton v The Queen (1952) 86 CLR 358 The Queen v Falconer (1990) 171 CLR 30 Category: Principal judgment Parties: Regina James Va'a Tui Representation: Counsel: Mr G. Tabuteau – Crown Ms S. Beckett – Accused