NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v Khatib [2019] NSWSC 1734 Hearing dates: 4 December 2019 Date of orders: 04 December 2019 Decision date: 04 December 2019 Jurisdiction: Common Law Before: Walton J Decision: I make the following orders:
(1) I find Siham Khatib not guilty of the murder of Noura Khatib on the grounds of mental illness.
(2) Pursuant to s 39 of the Mental Health (Forensic Provisions) Act 1990, I order that the accused 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 Dr Furst and Dr Adams. Catchwords: CRIMINAL LAW – mental health defence – psychiatric evidence – accused suffered defect of reasoning – accused unable to reason wrongfulness – accused mentally ill at time of offence – special verdict of not guilty – order pursuant to s 39 of the Mental Health (Forensic Provisions) Act Legislation Cited: Crimes Act 1900 Act (NSW) Criminal Procedure Act 1986 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Hawkins v The Queen (1994) 174 CLR 500; [1994] HCA 28 Mizzi v The Queen (1960) 105 CLR 659; [1960] HCA 77 R v Gourlay [2015] NSWSC 67 R v Lopez [2014] NSWSC 287 R v M'Naghten (1843) 8 ER 718 R v Minnani (2005) 63 NSWLR 490; [2005] NSWCCA 226 R v Opie [2014] NSWSC 814 R v Papley [2017] NSWSC 1068 R v Pratt [2009] NSWSC 1108 R v Rodriguez [2010] NSWSC 198 Stapleton v The Queen [1952] HCA 56; 86 CLR 358 The King v Porter (1933) 55 CLR 182; [1933] HCA 1 The Queen v Falconer (1990) 171 CLR 30; [1990] HCA 49 Tumanako v R (1992) 64 A Crim R 149 Category: Principal judgment Parties: Regina (Crown) Siham Khatib (Accused) Representation: Counsel: R Herps (Crown) T D Anderson, with C V Newman (Accused)
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