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This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

 

 

Murder - Limiting Term 

Mental Health (Forensic Provisions) Act

s.23 (1) If, following a special hearing, it is found on the limited evidence available that an accused person committed the offence charged or some other offence available as an alternative, the Court:

(a) must indicate whether, if the special hearing had been a normal trial of criminal proceedings against a person who was fit to be tried for the offence which the person is found to have committed, it would have imposed a sentence of imprisonment, and

(b) where the Court would have imposed such a sentence, must nominate a term in respect of that offence, being the best estimate of the sentence the Court would have considered appropriate if the special hearing had been a normal trial of criminal proceedings against a person who was fit to be tried for that offence and the person had been found guilty of that offence 

NAME  
(age if known)

OFFENCESLIMITING TERMAPPEALSUMMARY OF RECORDINVOLVEMENT & SUMMARY

Polanski

(22)

[2000] NSWSC 854

Barr J

Murder13y  

Offered place to stay for night by victim when missed last train home – became revolted and frightened by sexual advances and assaulted victim with fire extinguisher – intoxicated – disproportionate response to provocation

Polish – very difficult childhood in Poland – psychosexually repressed – low grade psychosis

Cosseddo

(65)

[2000] NSWSC 446

Studdert J

Murder14y nil

Strangled wife in bedroom of their home – circumstances and motive for killing unclear

Suffering brain damage

Mailes

(23)

[2003] NSWSC 707

(2003) 142 A Crim R 353

 

[2004] NSWCCA 394

(2004) 150 A Crim R 365

Murder25yADprior record including assaults

Killed 19y female student leaving hotel in early hours of morning – body found naked with stab wounds to neck

Suffering intellectual disability – explosive and aggressive outbursts – difficult childhood – danger to society

Tuigamala

(26)

[2008] NSWSC 706

Hulme J

Murder21y Record including robberies

Argument between offender and male stranger in club – punched victim who fell to the ground them kicked in head – disproportionate response to irritating remark of victim – both intoxicated – intent to inflict GBH – appreciably below mid-range

Mild intellectual disability – Samoa with difficult childhood - remorse

Goodridge

(52)

[2012] NSWSC 1180

Adamson J

 

[2014] NSWCCA 37

Murder18yAD 

Sharing squatting accommodation with female friend – intoxicated – during night became angry when sexual advances rejected - repeatedly forced right arm into rectum and vagina – left victim to die

Suffered brain damage due to long-term alcohol abuse – defence of substantial impairment rejected - dementia

Chong

(67)

[2012] NSWSC 1309

RA Hulme J

Murder15y assaults

Savage assault with heavy metal stake on supervisor who had discovered fraud – spontaneous assault - attempted to make offence appear a robbery

No mental illness or impairment at time of offence - suffered catastrophic brain injury in subsequent car accident – no weight to be given to general or specific deterrence - advanced age – onerous custody due to brain injury

Wilson (No.3)

[2013] NSWSC 1684

Harrison J

Murder18y  

Shot male acquaintance in bushland and buried body – angry over drug debt – intent to kill

Suffering schizophrenia

McKellar

(32)

[2014] NSWSC 453

Button J

Murder

 

Agg AR

22y

 

9y

 priors violence offences – breached parole for robbery on 85y male

Armed with knife, golf club and scissors broke into home of 81y male acquaintance – sought cash to purchase drugs – struggled with victim despite offer to give money – stabbed victim repeatedly in abdomen – intent to inflict really serious injury – degree of planning

Aboriginal with under-privileged and deprived life – low intellectual capacity – suffering schizophrenia but limited relationship between mental illness and offending

Last updated: 10/5/2018