R v WM (No 2) [2019] NSWDC 861

District Court New South Wales

Medium Neutral Citation: R v WM (No 2) [2019] NSWDC 861 Hearing dates: 30 April; 1, 2, 3, 6 May; 18, 19, 20, 21, 22, 25, 26 November 2019 Date of orders: 09 December 2019 Decision date: 09 December 2019 Jurisdiction: Criminal Before: P Taylor SC DCJ Decision: Warren Murray is found not guilty of counts 1 and 2 on the indictment, and not guilty in respect of the alternative offence of attempted sexual intercourse without consent. Catchwords: CRIMINAL PROCEDURE - special hearing - sexual intercourse without consent – mental illness – burden of proof – attempted sexual intercourse without consent Legislation Cited: Crimes Act 1900, s 61HA, s 61HE, s 578A Criminal Procedure Act 1986, s 162 Evidence Act 1995, s 165 Mental Health (Forensic Provisions) Act 1990, s 10, s 14, s 15, s 16, s 19, s 21, s 21A, s 22, s 23 Cases Cited: Anderson v The Queen [2010] VSCA 108 R v Randall (1991) 53 A Crim R 380 Category: Principal judgment Parties: Regina WM (Accused) Representation: Counsel: Mr T Abdulhak (Crown) Mr B Robinson (Accused)

Solicitors: Office of Director of Public Prosecutions (Crown) Legal Aid NSW (Accused) File Number(s): 2015/260022 Publication restriction: S 578A of the Crimes Act 1900 (NSW) applies. A person shall not publish any matter which identifies the complainant in the proceedings or any matter which is likely to lead to the identification of the complainant. As such, pseudonyms have been used in the published judgment for all persons except for police officers and expert witnesses.