R v Osmand [2019] NSWSC 326

Supreme Court New South Wales

Medium Neutral Citation: R v Osmand [2019] NSWSC 326 Hearing dates: 25 March 2019 Date of orders: 27 March 2019 Decision date: 27 March 2019 Jurisdiction: Common Law Before: Campbell J Decision: (1) 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. (2) Under s 39 of the Act Andrew John Osmand 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 the Registrar to notify the Attorney General, the Minister for Health and the Mental Health Review Tribunal of these orders as soon as practicable; (4) The Registrar is to provide the Tribunal with a copy of my reasons and of the reports of Professor Greenberg and Dr Nielssen. Catchwords: CRIMINAL LAW – offences against the person – murder – trial by judge alone – special verdict – not guilty by reason of mental illness – schizophrenic disorder – distinction between legal and 'moral' wrongfulness – finding of not guilty by reason of mental illness Legislation Cited: Crimes Act 1900 (NSW), s 23 Criminal Procedure Act 1986 (NSW), ss 132, 133 Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Alford v Magee (1952) 85 CLR 437 R v Codere [1916] 12 CR App R 21 R v M'Naghten (1843) 8 ER 718 R v Jenkins (1963) 64 SR (NSW) 20 R v Pratt [2009] NSWSC 1108 R v Rodrigues [2010] NSWSC 198 Stapleton v R (1952) 86 CLR 358 The King v Porter (1933) 55 CLR 182; [1933] HCA 1 Category: Sentence Parties: Regina (Crown) Andrew John Osmand (Accused) Representation: Counsel: B. Campbell (Crown) K. Dailly (Accused