R v Hadler (No 2) [2018] NSWSC 1804

Supreme Court New South Wales

Medium Neutral Citation: R v Hadler (No 2) [2018] NSWSC 1804 Hearing dates: 12, 13, 14, 16, 19, 20 November 2018 Date of orders: 23 November 2018 Decision date: 23 November 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 by reason of mental illness is returned with respect to the charge of murder. (2) Pursuant to s 39 of the Mental Health (Forensic Provisions) Act 1990 (NSW), Michael Hadler 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 orders, and a copy of trial exhibits F, G, N1, N2, 2, 11 and 13. Catchwords: CRIMINAL LAW – murder – plea of not guilty by reason of mental illness – schizophrenia - relevance of consumption of illicit drugs to psychosis – relevance of forensic awareness by the accused to knowledge of wrongfulness – "cover-up" of crime scene - unanimous agreement of experts as to availability of defence Legislation Cited: Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Mental Health Act 2007 (NSW) Cases Cited: Edwards v The Queen (1993) 178 CLR 193 Hawkins v The Queen [1994] HCA 28; 179 CLR 500 McNaghten's Case (1843) 8 ER 718 R v Falconer (1990) 171 CLR 30; [1990] HCA 49 R v Hadler [2018] NSWSC 1151 R v Jenkins [1964] NSWR 721; (1963) 64 SR (NSW) 20; 81 WN (Pt 2) (NSW) 44 R v Lane [2011] NSWCCA 157 R v Michaux [1984] 2 Qd R 159; 13 A Crim R 173 Radford v R (1985) 42 SASR 266 Steer v R (2008) 191 A Crim R 435 Taylor v R (1978) 45 FLR 343; 22 ALR 599 The King v Porter [1933] HCA 1; (1933) 55 CLR 182 Tumanako v R (1992) 64 A Crim R 149 Category: Principal judgment Parties: Regina Michael Hadler Representation: Counsel: Mr S Hughes (Crown Prosecutor) Ms S Beckett (Accused)