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Supreme Court 25 November 2014

R v Cyril Weazel

[2014] NSWSC 1664

Homicide
CRIMINAL LAW SPECIAL HEARING

Citation: R v Cyril Weazel [2014] NSWSC 1664
Court: Supreme Court of New South Wales
Date: 25 November 2014
Judge: Mathews AJ

Background

The accused was charged with the murder of his partner following her death at Royal Prince Alfred Hospital on 27 July 2011. She had been brought to hospital by ambulance from a Redfern boarding house in the early hours of that morning and was pronounced dead later that day. A post-mortem examination found that multiple blunt force injuries were the principal contributing causes of her death.

A fitness inquiry was subsequently conducted under the Mental Health (Forensic Procedures) Act 1990. Adams J found the accused unfit to be tried in September 2013, and the Mental Health Review Tribunal later determined it was unlikely he would become fit within 12 months. The DPP elected to proceed, giving rise to a mandatory special hearing.

The special hearing was conducted by a judge alone, as neither party had elected for a jury. The accused faced two charges: murder, and in the alternative, causing grievous bodily harm with intent. He was taken to have pleaded not guilty to both, and was represented by counsel throughout.

  • Whether the Crown proved beyond reasonable doubt that an act or acts of the accused substantially contributed to the deceased's death (causation).
  • Whether the Crown proved beyond reasonable doubt that the accused intended to cause really serious injury at the time he inflicted any particular injury (intent for murder).
  • Whether the partial defence of substantial impairment applied, which would reduce a murder verdict to manslaughter (contingent on the above findings).
  • Whether the Crown proved beyond reasonable doubt the elements of the alternative charge of causing grievous bodily harm with intent to do so.

Decision

On the causation question, the court found the Crown had not established beyond reasonable doubt that the accused's acts substantially caused the deceased's death. The deceased and the accused had spent the day of 26 July 2011 in the company of two other men, all consuming very large quantities of tawny port. Multiple witnesses gave evidence of conflict involving several members of the group, and the deceased was observed with facial injuries at a time when any one of the others present could have been responsible. The court was unable to exclude the possibility that the fatal injuries were caused by someone other than the accused, or that they resulted from falls due to extreme intoxication.

On intent, the court found the Crown had not proved beyond reasonable doubt that the accused intended to cause really serious injury at the relevant time. Several factors informed this conclusion. The accused was suffering from significant cognitive impairment, almost certainly caused by alcohol-related brain damage with associated frontal lobe deficits. A clinical neuropsychologist gave evidence that 98 per cent of his peers would have performed better on cognitive testing, and that his alcohol intoxication on the day would have further reduced his capacity to appreciate the consequences of his actions.

The court also noted that the accused's conduct at other points during the day was inconsistent with criminal intent: he was captured on CCTV grabbing the deceased to prevent her from falling onto train tracks at Strathfield station, and he made attempts to resuscitate her in the early hours of the following morning. These observations reinforced the court's conclusion that intent to cause serious harm had not been proved.

Because causation could not be established for the murder charge, and intent could not be established for either charge, the court returned not guilty verdicts on both counts. The question of substantial impairment did not arise for determination.

Orders Made

  • The accused was found not guilty of murder.
  • The accused was found not guilty of causing grievous bodily harm with intent to do so.
  • Pursuant to section 26 of the Mental Health (Forensic Procedures) Act 1990, the accused was to be dealt with as if he had been found not guilty at a normal trial.

Key Takeaways

  • In a special hearing under the Mental Health (Forensic Procedures) Act 1990, the same standard of proof applies as in an ordinary criminal trial: the Crown must establish each element of the offence beyond reasonable doubt.
  • Where multiple persons were present and any one of them could have caused the deceased's injuries, causation may not be established beyond reasonable doubt even where the accused was the deceased's partner and was with her immediately before hospitalisation.
  • A finding that the accused lacked the requisite intent for murder will also defeat an alternative charge of causing grievous bodily harm with intent, where both charges turn on the same mental element.
  • Significant cognitive impairment caused by alcohol-related brain damage, combined with acute intoxication at the time of the alleged offending, can be relevant to whether the Crown has proved intent beyond reasonable doubt.
  • Under section 26 of the Mental Health (Forensic Provisions) Act 1990, a not guilty verdict at a special hearing carries the same effect as a not guilty verdict at an ordinary trial.

Legislation and Cases Referenced

Legislation:
- Mental Health (Forensic Procedures) Act 1990 (NSW), ss 14, 16, 19, 21, 21A, 26

Cases:
No cases were cited in the provided text.