R v Kirkman [2019] NSWSC 1826

Supreme Court New South Wales

Medium Neutral Citation: R v Kirkman [2019] NSWSC 1826 Hearing dates: 17 December 2019 Date of orders: 18 December 2019 Decision date: 18 December 2019 Jurisdiction: Common Law - Criminal Before: Button J Decision: (1) Special verdict of not guilty by reason of mental illness returned.

(2) The accused, Bhanu Alan Kirkman, is to be detained at such place as may be determined from time to time by the Mental Health Review Tribunal.

(3) The Registrar must notify the Minister for Health, as soon as reasonably practicable, of the terms of this judgment and the orders made by me.

(4) The Registrar must 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 my orders; (b) A transcript of these proceedings; (c) A copy of the exhibits tendered at trial; and (d) A copy of the edited victim impact statements. Catchwords: CRIMINAL LAW – Trial by judge alone – Murder – Accused alleged to have fatally stabbed deceased in the chest – Belief, amongst others, that deceased responsible for 11 September 2001 – Special defence of not guilty by reason of mental illness – Schizophrenia or schizoaffective disorder – Psychiatrists of both parties agreed that defence available – Verdict of not guilty by reason of mental illness Legislation Cited: Evidence Act 1995 (NSW), s 191 Mental Health (Forensic Provisions) Act 1990 (NSW), ss 38, 39, 43 Cases Cited: Fang v R (2018) 97 NSWLR 876; [2018] NSWCCA 210 Hawkins v R (1994) 179 CLR 500 M'Naghten's Case, Re (1843) 8 ER 718 Ryan v R (1967) 121 CLR 205 R v Minani (2005) 63 NSWLR 490; [2005] NSWCCA 226 R v Porter (1933) 55 CLR 182 Stapleton v R [1952] HCA 56; (1952) 86 CLR 358 Category: Principal judgment Parties: Regina (Crown) Bhanu Alan Kirkman (Accused) Representation: Counsel: D Scully (Crown)