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Supreme Court 18 September 2012

R v DC

[2012] NSWSC 1125

HomicideTheft & propertyTraffic & driving
CRIMINAL LAW JUDGE ALONE TRIAL MURDER STEAL FROM A DWELLING DRIVE A CONVEYANCE WITHOUT CONSENT NOT GUILTY BY REASON OF MENTAL ILLNESS

Citation: R v DC [2012] NSWSC 1125
Court: Supreme Court of New South Wales
Date: 18 September 2012
Judge: Rothman J

Background

The accused, DC, was a 17-year-old male charged with one count of murder, one count of stealing from a dwelling, and one count of taking and driving a conveyance without consent. All three offences were alleged to have occurred on 19 April 2011 at Suffolk Park, New South Wales. The victim was DC's mother. Both the accused and the victim are subject to non-disclosure orders under the Children (Criminal Proceedings) Act 1987, which prevent publication of their identities.

DC had a documented history of mental illness, including early-onset and drug-induced psychosis first diagnosed in March 2009. He had been involuntarily detained in late March 2011, absconded in early April, and had ceased taking medication after his departure. His mother had sought to have him re-scheduled before the killing, but no intervention occurred in time.

The trial proceeded as a judge-alone trial by election under the Criminal Procedure Act 1986. The underlying facts were uncontested. The central question was whether DC's mental illness at the time of the offences entitled him to a special verdict of not guilty by reason of mental illness.

  • Whether DC was suffering from a mental illness, within the legal definition, at the time of the alleged offences
  • Whether that mental illness deprived DC of the capacity to know that his actions were wrong, satisfying the requirements for the mental illness defence
  • Whether the prosecution had otherwise established the elements of murder beyond reasonable doubt, absent the mental illness defence
  • What orders should follow a special verdict under the Mental Health (Forensic Provisions) Act 1990

Decision

Rothman J accepted the uncontested facts established that DC committed the acts underlying each charge. The Court was satisfied beyond reasonable doubt that, but for the mental illness defence, DC would have been found guilty of murder.

Both psychiatric experts, Dr Westmore and Professor Greenberg, agreed that DC was suffering from chronic paranoid schizophrenia at the time of the offences. The Court accepted this as a disease of the mind within the legal sense: a permanent condition of mental origin, capable of affecting the mind, though treatable with medication. The Court characterised it as a defect of reason arising from that disease.

Applying the principles from R v McNaghten (1843) and R v Porter (1933), Rothman J accepted on the balance of probabilities that DC did not understand that what he was doing was wrong at the time of the acts. The Court reached this conclusion independently, as well as in reliance on the expert opinions. The accused had been unable to think rationally at the time.

Rothman J added a notable observation: the death was an avoidable tragedy. The deceased and her sister-in-law had each contacted mental health authorities to have DC re-scheduled, but no intervention occurred before the killing. The Court noted that a greater willingness or capacity to intervene at an earlier stage would have prevented the outcome.

Orders Made

  • A special verdict of not guilty of each charge by reason of mental illness, pursuant to s 38 of the Mental Health (Forensic Provisions) Act 1990
  • DC to be detained at Austinmer Unit Forensic Hospital, Malabar, or such other facility as the Mental Health Review Tribunal may determine, until released by due process of law, pursuant to s 39 of the Mental Health (Forensic Provisions) Act 1990

Key Takeaways

  • The mental illness defence requires the accused to prove, on the balance of probabilities, that a disease of the mind deprived them of the capacity to know their actions were wrong; the burden does not rest on the prosecution (Mizzi v R).
  • Chronic paranoid schizophrenia, being a permanent condition of mental origin affecting the mind, constitutes a "disease of the mind" for the purposes of the mental illness defence under McNaghten and Porter.
  • Where two psychiatric experts are in agreement that a mental illness defence is established, a judge-alone court may independently accept that opinion while also forming its own view on the same evidence.
  • A special verdict of not guilty by reason of mental illness does not result in unconditional release; under s 39 of the Mental Health (Forensic Provisions) Act 1990, the court must order detention until released by due process of law, with the Mental Health Review Tribunal having power to determine the appropriate facility.
  • The Supreme Court's remarks highlight the serious consequences that can flow from gaps in mental health intervention, particularly where family members have actively sought re-scheduling of a person known to be acutely unwell and without medication.

Legislation and Cases Referenced

Legislation
- Children (Criminal Proceedings) Act 1987 (NSW), s 15A
- Criminal Procedure Act 1986 (NSW), s 132(1)
- Mental Health (Forensic Provisions) Act 1990 (NSW), ss 38, 39

Cases
- Mizzi v R (1960) 105 CLR 659
- R v McNaghten (1843) 8 ER 718
- R v Porter (1933) 55 CLR 182