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Supreme Court 9 May 2024

R v Murray (No 2)

[2024] NSWSC 536

Homicide
CRIME MURDER TRIAL BY JUDGE ALONE TWO COUNTS EXTENSIVE AGREED FACTS

Citation: R v Murray (No 2) [2024] NSWSC 536
Court: Supreme Court of New South Wales
Date: 9 May 2024
Judge: Button J

Background

The accused, a 46-year-old man with a lengthy history of substance abuse and mental illness, was charged with two counts of murder following the stabbing deaths of his parents at their home in Oberon, New South Wales, in the early hours of 13 August 2021. The physical acts were not in dispute: the accused had driven from Sydney's western suburbs to Oberon overnight, contrary to pandemic lockdown restrictions, and fatally stabbed both his parents. He subsequently made a telephone confession to a workmate, disposed of the weapon, and was arrested in Penrith shortly after.

In the period leading up to the killings, the accused had returned to using crystal methylamphetamine after a period of abstinence, reportedly out of boredom during pandemic lockdowns. His mental state deteriorated markedly following that relapse. Critically, both forensic psychiatrists who gave evidence agreed that by the time of the killings, the accused was not intoxicated and the drugs were no longer physiologically active in his system.

The accused had a documented history of drug abuse from his early teenage years, multiple incarcerations, repeated treatment for mental health conditions, and episodes of paranoid delusion spanning many years before August 2021. The trial proceeded before Button J sitting alone, following an election for trial by judge alone.

  • Whether the accused was suffering from a "mental health impairment" as defined under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) at the time of the killings.
  • Whether that mental health impairment had the consequence, on the balance of probabilities, that the accused did not know the fatal acts were morally wrong.
  • Whether the special verdict of "act proven, but not criminally responsible" was established on the balance of probabilities under that Act.

Decision

The court found that the physical elements of both murders were proven beyond reasonable doubt. The accused's acts directly caused the deaths of both his parents, and the intent to kill was not in dispute.

The central question was whether the defence of mental health impairment was established on the balance of probabilities. Two forensic psychiatrists, one retained by the Crown and one by the defence, examined the accused personally and provided detailed reports. They agreed that the accused was suffering from a mental health impairment as defined in the Act at the time of the killings, and agreed that his mental state was not the result of active intoxication. The Crown, relying in part on the court's pre-trial ruling in R v Murray [2024] NSWSC 503, accepted that the defence was established on balance.

The two experts disagreed on two points: the precise diagnosis (substance-induced psychotic disorder versus schizophrenia at an early stage) and the depth of the accused's mental disturbance at the relevant time. Button J found it unnecessary to resolve the diagnostic question, as the outcome did not depend on it. On the second point of disagreement, his Honour resolved it in favour of a finding that the accused's mental state was more profoundly disturbed at the time of the killings, rather than less.

On the basis of the unanimous expert agreement that the defence elements were made out, the extensive agreed facts, and the Crown's acceptance of the defence, Button J returned special verdicts of "act proven, but not criminally responsible" on both counts.

Orders Made

  • The accused is to be detained at such place as may be determined from time to time by the Mental Health Review Tribunal.
  • The Registrar of the Supreme Court must notify the Minister for Health, as soon as reasonably practicable, of the terms of the judgment and the orders made.
  • The Registrar must notify the Mental Health Review Tribunal and Justice Health, as soon as reasonably practicable, of the terms of the judgment and the orders made, and provide those bodies with: a copy of the reasons for verdict and orders; a transcript of the entire proceedings; a copy of the exhibits tendered at trial; and a copy of all victim impact statements.

Key Takeaways

  • Under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), the defence of mental health impairment must be established by the accused on the balance of probabilities, and a special verdict of "act proven, but not criminally responsible" follows where its elements are made out.
  • Where both the Crown's and defence's forensic psychiatrists reached the same conclusion on the operative elements of the mental health impairment defence, the Supreme Court treated that unanimity as a significant basis for accepting the defence, even where the experts disagreed on the precise diagnosis.
  • A mental state caused or contributed to by prior drug use may still constitute a "mental health impairment" under the Act if, at the time of the relevant acts, the accused was no longer intoxicated and the drugs were no longer physiologically operating on his system.
  • The court found it unnecessary to resolve competing expert diagnoses where the differing diagnostic views did not affect the outcome of the legal question to be decided.
  • A Crown proceeding to a full judge-alone trial, rather than adopting a less formal procedure, may be appropriate where the Crown wishes to preserve its appeal rights arising from a pre-trial ruling, as occurred here following R v Murray [2024] NSWSC 503.

Legislation and Cases Referenced

Legislation:
- Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 4, 28

Cases:
- R v Murray [2024] NSWSC 503 (pre-trial ruling by Button J, which informed the Crown's acceptance of the mental health impairment defence in this trial)