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Supreme Court 20 July 2015

R v Morphy

[2015] NSWSC 848

Homicide
MURDER JUDGE ALONE TRIAL DEFENCE OF MENTAL ILLNESS SPECIAL VERDICT

Citation: R v Morphy [2015] NSWSC 848
Court: Supreme Court of New South Wales
Date: 20 July 2015
Judge: Mathews AJ

Background

The accused was charged with the murder of his former partner at a residential property in Guildford on 4 December 2013. The two had lived together for approximately ten months before separating in early 2013, after which the former partner commenced a relationship with the accused's older brother.

In the months before the killing, the accused's mother died of a drug overdose in August 2013. The accused held a firm belief that the deceased was responsible for his mother's death and was also sending people to harm him. On the day of the killing, the accused collected the deceased from Liverpool Station, took her to a shed at the rear of his cousin's home, and carried out a fatal knife attack.

The accused pleaded not guilty by reason of mental illness. By consent, the trial proceeded before a judge alone. Two psychiatric reports were tendered on behalf of the defence, and forensic psychiatrist Professor Greenberg gave evidence on behalf of the Crown. Both the prosecution and defence agreed that the appropriate verdict was the special verdict of not guilty on the ground of mental illness.

  • Whether the Crown proved beyond reasonable doubt that the accused caused the death of the deceased and that his actions were voluntary or intentional.
  • Whether the accused was suffering from a mental illness as defined by the McNaghten rules at the time of the killing.
  • Specifically, whether the accused's mental illness meant he did not know that what he was doing was morally wrong.
  • Whether the special verdict of not guilty on the ground of mental illness under s 38 of the Mental Health (Forensic Provisions) Act 1990 was the appropriate verdict.

Decision

Mathews AJ first addressed what the Crown was required to prove when the defence of mental illness is raised. The judge confirmed, consistent with the High Court's approach in Hawkins v The Queen (1994) 179 CLR 500, that where such a defence is raised, the Crown must prove that the accused caused the death and that the act was voluntary or intentional. Questions of intent for murder are then subsumed within the mental illness inquiry.

On the mental illness question, both psychiatric experts, Dr Nielssen (for the defence) and Professor Greenberg (for the Crown), agreed that the accused was suffering from a psychotic illness, diagnosed as schizophrenia, at the time of the killing. The judge noted that regular cannabis use during the accused's relationship with the deceased was likely a contributing factor in his descent into psychosis.

Professor Greenberg concluded that the accused knew the nature and quality of his act when he stabbed the deceased, but believed he was morally justified in doing so, to vindicate his mother and protect himself from perceived harm. As a result of this delusional belief, the accused did not know that what he was doing was morally wrong at the time. Mathews AJ found the expert evidence to be entirely one-directional and was abundantly satisfied that the McNaghten rules were satisfied.

The judge also noted the obligation under s 37 of the Mental Health (Forensic Provisions) Act 1990, which requires the court in a judge-alone trial to be aware of and address matters that would ordinarily be explained to a jury, including the findings available, their legal and practical consequences, and the role of the Mental Health Review Tribunal. Mathews AJ confirmed awareness of those matters and noted that several were explained to the deceased's relatives present in court.

Orders Made

  • Verdict entered: not guilty on the ground of mental illness pursuant to s 38 of the Mental Health (Forensic Provisions) Act 1990.
  • Proceedings adjourned to 10 August 2015.
  • Orders made as to the accused's disposition in the interim.
  • Report ordered to be provided to the Court by the adjourned date, containing recommendations as to placement of the accused in a prison or mental health facility.

Key Takeaways

  • Under the McNaghten rules, a defence of mental illness is established where the accused, due to a disease of the mind, either does not know the nature and quality of their act, or does not know that what they are doing is wrong. This case confirmed that moral wrongness, not merely legal wrongness, is the relevant standard.
  • Where the defence of mental illness is raised, the Supreme Court confirmed that the Crown's burden shifts: the prosecution must prove the accused caused the death and acted voluntarily, but the further elements of intent for murder are addressed within the mental illness inquiry itself.
  • A special verdict of not guilty on the ground of mental illness under s 38 of the Mental Health (Forensic Provisions) Act 1990 does not result in an acquittal in the conventional sense. The court retains power to make orders regarding the accused's detention and placement.
  • Unanimous expert psychiatric evidence pointing in one direction was a significant factor. The court was satisfied there was no malingering or deception on the accused's part, and no inconsistency in the expert material.
  • In judge-alone trials involving a mental illness defence, s 37 of the Mental Health (Forensic Provisions) Act 1990 requires the judge to be aware of matters ordinarily explained to a jury, including the consequences of the available verdicts and the role of the Mental Health Review Tribunal.

Legislation and Cases Referenced

Legislation
- Crimes Act 1900 (NSW)
- Mental Health (Forensic Provisions) Act 1990 (NSW), ss 37, 38, 39

Cases
- Hawkins v The Queen (1994) 179 CLR 500 (High Court of Australia)
- R v McNaghten (1843) 8 ER 718