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Supreme Court 12 October 2011

R v Stephen Leslie HILL

[2011] NSWSC 1196

Homicide
CRIMINAL LAW MURDER JUDGE ALONE TRIAL MENTAL ILLNESS DEFENCE

Citation: R v Stephen Leslie Hill [2011] NSWSC 1196
Court: Supreme Court of New South Wales
Date: 12 October 2011
Judge: Barr AJ

Background

The accused was charged with the murder of his long-term partner at Wamberal on the NSW Central Coast on 16 June 2010. The couple had been together for eight years and had recently had a child through IVF. In the period leading up to the death, the accused had exhibited increasingly erratic and paranoid behaviour, including beliefs that his phone was bugged, his computer hacked, and that his partner was being unfaithful and that their baby was not his.

The deceased's teenage child discovered the scene that afternoon, finding significant physical evidence of violence throughout the home. The autopsy confirmed death was caused by blunt force head trauma combined with multiple stab wounds. A hammer and bloodstained knife were found near the body.

When police attended, the accused was present and assessed as impaired. Blood analysis later revealed he had Alprazolam (a benzodiazepine) in his system at levels within the toxic range, with a sleeping tablet also identified. Psychiatric experts subsequently formed the view that he was not fit to be interviewed when police questioned him at the station that night.

  • Whether the accused had the requisite intent to kill, sufficient to establish murder beyond reasonable doubt.
  • Whether the accused had discharged the burden of proving, on the balance of probabilities, that he was not guilty by reason of mental illness at the time of the killing.
  • What the applicable legal test for the mental illness defence required, and whether the accused met it on the evidence.

Decision

Barr AJ was satisfied beyond reasonable doubt that the accused performed the act that caused the deceased's death with intent to kill. On that finding alone, the accused would otherwise have been liable for a murder conviction. However, the court then turned to the mental illness defence raised by the accused.

The legal test applied was whether, at the time of the offence, the accused was suffering from a defect of reason arising from a disease of the mind such that he did not know the nature and quality of his act, or, if he did know it, that he did not know what he was doing was wrong. The Australian formulation requires the court to consider whether the accused was able to appreciate the wrongness of the act, and whether a disordered condition of mind prevented him from reasoning about that with any moderate degree of sense and composure.

Expert psychiatric evidence was central. Dr Furst and Professor Greenberg, both psychiatrists, had interviewed the accused and reviewed the relevant records. Their evidence, along with the pharmacological evidence of Dr Perl, established a picture of severe and longstanding mental illness that had deteriorated significantly in the period before the killing. The court accepted on the balance of probabilities that the accused was suffering from a disease of the mind that relevantly impaired him at the time of the offence, meeting the requirements of the mental illness defence.

Following the verdict, the court outlined the role of the Mental Health Review Tribunal. That body is responsible for reviewing the accused's detention periodically, including any proposal for release, which requires a forensic psychiatric report and cannot be ordered by a Tribunal panel that does not include a current or former Judge. Any release must be preceded by satisfaction that neither the accused's safety nor the safety of any member of the public would be seriously endangered.

Orders Made

  • The accused was found not guilty by reason of mental illness of the charge of murdering the deceased.
  • The accused was ordered to be detained in the psychiatric ward of the hospital at Long Bay Correctional Centre, or such other place as determined by the Mental Health Review Tribunal, until released by due process of law.

Key Takeaways

  • In a judge-alone trial, the Supreme Court found the accused otherwise liable for murder but acquitted him on the mental illness defence, which requires proof on the balance of probabilities by the accused, not the Crown.
  • The mental illness defence turns on whether, at the time of the offence, a disease of the mind caused a defect of reason such that the accused either did not know the nature and quality of the act, or did not appreciate that it was wrong.
  • A finding of not guilty by reason of mental illness does not result in unconditional release. The accused is detained and subject to ongoing review by the Mental Health Review Tribunal, which must consider both the accused's welfare and the protection of the public from serious harm.
  • Toxic levels of prescription medication in the accused's system, combined with psychiatric evidence of serious underlying mental illness, contributed to the overall clinical picture assessed by the court.
  • Release of a forensic patient following a mental illness verdict requires Tribunal satisfaction, a forensic psychiatric report, notification to the Minister for Health and the Attorney General, and a panel that includes a member who is or has been a Judge.

Legislation and Cases Referenced

The judgment does not cite specific legislation or cases by name in the portions available. The court's exposition of the mental illness defence draws on the common law McNaughten rules as developed and amplified in Australian jurisprudence. The Mental Health Review Tribunal is referenced as the statutory body governing ongoing detention and review of forensic patients under the applicable NSW mental health legislation.