R v Tran [2019] NSWDC 644

District Court New South Wales

Medium Neutral Citation: R v Tran [2019] NSWDC 644 Hearing dates: 19, 21, 22 March 2019 Decision date: 26 March 2019 Jurisdiction: Criminal Before: Norrish QC DCJ Decision: Verdict of "not guilty" Counts 1 and 2 on the grounds of mental illness. Pursuant to s 39 Mental Health (Forensic Provisions) Act 1990 the accused is detained in his current correctional facility or such other facility as the Mental Health Review Tribunal may determine is appropriate until released by due process of law Catchwords: Crime – grievous bodily harm with intent to murder – alternate count - with intent to inflict grievous bodily harm - judge alone trial - pursuant to s132A Criminal Procedure Act 1986 -– bizarre and aggressive behaviour – unprovoked attack – mental illness or drug induced psychosis – substance use disorder – schizophrenia – substance induced mental disorder – delusional thinking – hallucinations – differing expert diagnoses Legislation Cited: Criminal Procedure Act 1986 Mental Health Act 2007 Mental Health (Forensic Provisions) Act 1990 Cases Cited: R v De Souza (1997) 41 NSWLR 656 R v Doolan [2010] NSWSC 147. R v Falconer [1990] 171 CLR 30 R v Fang (No 3) [2017] NSWSC28 Fang v R [2018] NSWCCA 210 R v Ham [2009] NSWSC 296 R v Derbin [2000] NSWCCA 361 Radford v R [1985] 42 SASR 266 Stones (1955) 56 SR(NSW) 25 Category: Principal judgment Parties: Regina (Crown) Mr Ngu Ba Tran (Accused) Representation: Counsel: Mr Phillips (Crown) Mr Roff (Accused) File Number(s): 2017/00267942 Publication restriction: No