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Supreme Court 28 June 2000

REGINA v. REA

[2000] NSWSC 588 revised - 20

Homicide
CRIMINAL LAW TRIAL JUDGE ALONE MENTAL ILLNESS SPECIAL VERDICT

Citation: REGINA v. REA [2000] NSWSC 588 revised - 20/07/2000
Court: Supreme Court of New South Wales, Criminal Division
Date: 28 June 2000
Judge(s): Greg James J

Background

The accused was charged with the murder of his father at Point Clare, New South Wales, between 5 and 8 July 1999. The accused had a long history of paranoid schizophrenia and had recently been discharged from a psychiatric hospital. In the days leading up to the death, he had stopped taking his medication, was observed acting strangely in public, and told a community health nurse that he was an alien and that "bad Brett" was taking over.

When police attended the home on 8 July 1999, they found the accused on the floor with serious self-inflicted wounds and the body of his father in a bedroom. The deceased had sustained approximately 36 stab wounds. The accused's dog had also been stabbed to death. When interviewed, the accused gave incoherent answers consistent with active psychosis and delusion, including references to spaceships and believing the dog had turned into a human.

Both the Crown and the defence accepted that the facts were not in dispute. The common position of both parties was that the accused was suffering from mental illness at the time of the killing of a kind that engaged the relevant provisions of the Mental Health (Criminal Procedure) Act 1990.

  • Whether the accused was mentally ill at the time of the killing so as not to be responsible according to law for his actions.
  • Whether the special verdict of not guilty by reason of mental illness should be returned under the Mental Health (Criminal Procedure) Act 1990.
  • What orders should follow upon a special verdict, including the statutory consequences and the role of the Mental Health Tribunal.

Decision

The trial proceeded before Greg James J alone, following a valid election for trial by judge without jury under the Criminal Procedure Act 1986. Two psychiatric reports, prepared by Dr William Lucas and Dr Olav Nielssen, were tendered by consent and without factual challenge. Both reports supported the conclusion that the accused was suffering from a florid episode of paranoid schizophrenia at the time of the offence.

The court found, on the totality of the evidence, that the accused was mentally ill so as not to be responsible in law for his actions at the time of the killing. The accused's delusional beliefs, thought disorder, and failure to take antipsychotic medication were each documented in the psychiatric reports and consistent with the admitted facts. There was no suggestion that the conduct of the deceased contributed to the events in any way.

Before returning the special verdict, the court was required under s.37 of the Mental Health (Criminal Procedure) Act 1990 to inform itself of the legal and practical consequences of such a verdict. The court explained the role of the Mental Health Tribunal, including that any recommendation for the release of a person detained under s.39 could only be made if the Tribunal was satisfied that the safety of the accused or any member of the public would not be seriously endangered by release. The court noted that any release could be on conditions, including requirements relating to place of residence and medication.

Orders Made

  • The court returned a special verdict of not guilty by reason of mental illness under s.38 of the Mental Health (Criminal Procedure) Act 1990.
  • The accused was ordered to be detained in strict custody at A Ward, Long Bay Detention Centre, until determined or released according to law, pursuant to s.39 of the Mental Health (Criminal Procedure) Act 1990.

Key Takeaways

  • The Supreme Court returned a special verdict of not guilty by reason of mental illness where both the Crown and defence agreed, on the basis of uncontested psychiatric evidence, that the accused lacked criminal responsibility due to paranoid schizophrenia.
  • A judge-alone trial under the Criminal Procedure Act 1986 is an available procedure in serious criminal matters, including murder, where a valid election is signed by the accused and accepted by the Director of Public Prosecutions.
  • Under s.37 of the Mental Health (Criminal Procedure) Act 1990, a court returning a special verdict must inform itself of the legal and practical consequences, including the composition and functions of the Mental Health Tribunal and the test governing any recommendation for release.
  • Detention following a special verdict is not indefinite in the absolute sense: the Mental Health Tribunal reviews the position, but may only recommend release if satisfied that the safety of the person or any member of the public will not be seriously endangered.
  • Greg James J expressly noted reliance on the legal directions set out in his earlier judgment in Regina v Fiori [2000] NSWSC 73 when arriving at the verdict.

Legislation and Cases Referenced

Legislation:
- Criminal Procedure Act 1986 (NSW), s.32(1)
- Mental Health (Criminal Procedure) Act 1990 (NSW), ss.37, 38, 39
- Mental Health Act 1990 (NSW)

Cases:
- Regina v Fiori [2000] NSWSC 73