R v Brian Lee (No.2) [2019] NSWSC 586

Supreme Court New South Wales

Medium Neutral Citation: R v Brian Lee (No.2) [2019] NSWSC 586 Hearing dates: 20 May 2019 Date of orders: 20 May 2019 Decision date: 20 May 2019 Jurisdiction: Common Law - Criminal Before: Garling J Decision: Verdict:

Not guilty of the offence of murder on the grounds of mental illness.

Orders:

(1) Order that Brian Lee be detained at the Metropolitan Reception and Remand Centre at Silverwater or at such other place as may be determined from time to time by the Mental Health Review Tribunal, until released by due process of law. (2) Direct the Registrar of the Court to notify the Minister for Health of this judgment and order. (3) Direct the Registrar of the Court to notify the Mental Health Review Tribunal of this judgment and order and to provide to that Tribunal the following documentation: (a) a copy of these reasons for verdict and orders; (b) a transcript of these proceedings; and (c) a copy of each of the Exhibits tendered at the trial. Catchwords: CRIME – Criminal liability — Mental illness defence – proved – no issue of principle Legislation Cited: Crimes Act 1990 Criminal Procedure Act 1986 Mental Health (Forensic Provisions) Act 1990 Mental Health Act 2007 Cases Cited: Fleming v The Queen [1998] HCA 68; (1998) 197 CLR 250 Mizzi v The Queen [1960] HCA 77; (1960) 105 CLR 659 R v Coles [2008] NSWSC 682 R v Huy Pham [2007] NSWSC 1313 R v Matusevich & Thompson [1976] VR 470 R v M'Naughten (1843) 8 ER 718 R v Porter [1933] HCA 1;(1933) 55 CLR 182 R v Rodriguez [2010] NSWSC 198 R v Winningham (unreported, NSWCCA, 10 May 1995) Regina v Matheis (1958) 58 SR (NSW) 321 Stapleton v The Queen [1952] HCA 55; (1952) 86 CLR 358 Texts Cited: Not Applicable Category: Principal judgment Parties: Regina (Crown) Brian Lee (Accused) Representation: Counsel: A Robertson (Crown) N Steel (Accused)