R v Struthers [2018] NSWSC 1824

Supreme Court New South Wales

Medium Neutral Citation: R v Struthers [2018] NSWSC 1824 Hearing dates: 26 November 2018 – 28 November 2018 Decision date: 29 November 2018 Jurisdiction: Common Law - Criminal Before: Button J Decision: (1) On the count of attempted murder, I return a special verdict that the accused is not guilty on the ground of mental illness. (2) On the count of murder, I return a special verdict that the accused is not guilty on the ground of mental illness. (3) Pursuant to s 39(1) of the Mental Health (Forensic Provisions) Act 1990, the accused is to be detained in the designated mental health PODS at Mulawa Correctional Centre, Silverwater, or such other place as may be determined from time to time by the Mental Health Review Tribunal as an appropriate place, until released by due process of law. (4) The Registrar is to notify the Minister for Health, as soon as reasonably practicable, of the terms of this judgment and the orders made by me. (5) The Registrar is to notify the Mental Health Review Tribunal and Justice Health, as soon as reasonably practicable, of the terms of this judgment and the orders made by me, and to provide those bodies with the following documentation: (a) A copy of these reasons for verdict and orders; (b) A transcript of these proceedings; and (c) A copy of the exhibits tendered at trial. Catchwords: CRIMINAL LAW – trial by judge alone – count averring attempted murder – count averring murder – allegation that accused drowned one son, and attempted to drown other son – special defence of not guilty by reason of mental illness – psychiatrists agreed that defence available – verdicts of not guilty on the ground of mental illness Legislation Cited: Crimes Act 1900 (NSW), s 23A Criminal Procedure Act 1986 (NSW), s 132 Mental Health (Forensic Provisions) Act 1990 (NSW), s 38 Cases Cited: Hawkins v The Queen [1994] HCA 28; (1994) 179 CLR 500 McNaghten's Case (1843) 8 ER 718 R v Minani [2005] NSWCCA 226; (2005) 63 NSWLR 490 Ryan v The Queen [1967] HCA 2; (1967) 121 CLR 205 The King v Porter [1933] HCA 1; (1933) 55 CLR 182 Category: Principal judgment Parties: Regina (Crown) Lisa Struthers (a pseudonym) (Accused) Representation: Counsel: M Pincott (Crown) E Wilson SC (Accused)