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Criminal law report

REGINA V. SORRELL [2003] NSWSC 30 (7TH February 2003)

1.0 Introduction

This report is about Michael Furlong who was shopping for an electronic part at a shop in Smithfield. As he left the store, Sorrell approached him and fatally stabbed Michael Furlong with a hunting knife. Sorrell was found to be not guilty of murder on the grounds that he was mentally ill when he committed the crime. Sorrell suffered from paranoid schizophrenia.

2.0 Procedures of the case

This Act is the Crimes Act 1900.

PARTIES INVOLVED:
Regina v.
Sorrell, Michael Peter

At about 4pm on 3rd June 2002, Michael Furlong, the victim and his brother Glen went to R.S. Components, an electrical retailer, at Smithfield to purchase electrical components. The accused was then present. He left the store shortly after. The victim and his brother had left the store and went to another electrical store in Smithfield. They were followed by the accused. When they returned to their vehicle having entered the store, the accused approached them, and, after speaking to the victim, killed the victim with a knife and chased the victim’s brother.
The following day at about 3:20am the accused was apprehended asleep in his vehicle with a large hunting knife present with him, presumably the knife with which the offence was committed. He was in possession of the victim’s wallet which enabled the police to link the accused to the offence.

3.0 Court Proceedings

In the R v. Sorrell case, the complete defence used was mental illness or insanity.
Sorrell was suffering from a disease of the mind. Therefore not knowing or understanding the nature and quality of the act he was doing. The precedence came from the Mc Naughten’s case. Dr. Neilssen examined the accused and concluded that the accused had the defence of mental illness open to him.
With this defence the accused admits the crime. The onus of the proof now lies on the accused to prove they were insane. However the implications of this defence were intermediate detention in a correctional centre in Western Australia.
Dr. Nielssen expressed his views in a report dated 15th October 2002. The accused’s psychiatric history shows that he had been detained even whilst having been the subject of a sentence of imprisonment in psychiatric custody in Western Australia in Greylands.
The diagnosis of paranoid schizophrenia refers to a condition of the mind in which the accused suffers from delusional beliefs, which render Sorrell unable to perceive the true nature of reality and such as to permeate his thinking to cause him to act in ways which are unacceptable.
Various psychiatrists over the years said that…”paranoid schizophrenia was being suffered by the accused.” such as Dr. Neilssen and Dr. Willcox.

A defect from such a disease would not mentally be responsible in law for their acts if they were unable to reason with a reasonable degree of sense and composure concerning the wrongfulness of the acts.

Initially Gonzales didn’t use any of the complete defences or partial defences as he made up his own alibis which were found to be inconsistent.
Then Professor Greenberg found Gonzales to have used the defence of mental illness but was later proven to be false. The judge found that at the time of committing the murders, the prisoner was not suffering from any mental illness, any mental disorder or any mental abnormality which would mitigate his objective criminality.

The accused is not guilty due to reason of mental illness and is ordered to be detained in a place of strict security.
The accused: Michael Peter Sorrell
An indictable offence that occurred on 3rd June 2002 at Smithfield in NSW.
He murdered Michael Furlong.
He pleaded not guilty to that charge and indictment.
Mr. Humphreys, who was appearing for the accused, stated that no issue arose in respect to the charge except one. This was that at the time of the act causing the death charged, the accused was suffering from mental illness and therefore not responsible for his actions in killing the deceased as he did.

The “Current jurisdiction” is “criminal” in the R v. Sorrell case and is an original case.

The consequences of the Sorrell case was that the accused was to be detained in the psychiatric ward of the hospital at Long Bay Correctional Centre as may be determined by the Mental Health Review Tribunal unless or until it is was ordered that he be released by due process of the law. This is sited in the Mental Health (Criminal Procedure) Act 1990 NSW.

The sanction imposed in the Gonzales case on the three charges of murder was that the prisoner was sentenced to concurrent sentences of imprisonment for life, each to date from 13 June 2002.

In the Gonzales case, the Jury’s role was to ensure and reflect societies view of what is a legitimate punishment. They are to reflect societies and the individual’s idea of what is just. The objective of the judge was to give a sanction proportional to the crime committed.
“Life the only sentence for heinous murders” as Judge Bruce James said.
The objective of the judge in the Sorrell Case was to make Sorell realise the implications of the crime and to rehabilitate him.

4.0 Conclusion-

The court imposed a sentence of imprisonment for life. The case states this sanction satisfies the level of culpability in the commission of the offence. It is so extreme that the community interest in retribution, punishment, community protection and deterrence can only be met through imprisonment of that sentence. This case is characterised in the worst case category. The culpability in the commission of the offences is so extreme that it falls within section 61(I) of the Crimes (Sentencing Procedure) Act.
The enforceability in this case is effective because it is noted that discretion was taken into account however Gonzales did not provide any assistance to the authorities and “on the contrary, persistently endeavored to mislead them, and that he has not shown any contradiction”
The enforcement took into account the prisoner’s age at the time of committing the offences and also the other subjective matters which were urged by Gonzales.
The enforcement was fair in the Sorrell case because a special verdict was required by the Mental Health Criminal Procedure Act. There was no imprisonment given because of the complete defence that Sorrell suffers from mental illness. The outcome of this case was that Sorrell be detained at the psychiatric ward at the hospital at long bay until the Mental Health Tribunal makes their decision.

Therefore in summary, the Sorrell case was resource efficient because he did no go to goal. He was still punished by being sent to a correctional centre. However this poses problems that anyone can commit a crime and plead insanity. Is the punishment in proportionate to the crime?
The Sorrell case had a quick and efficient ruling and therefore it was resource efficient.
Gonzales in comparison was lengthy. However this was necessary. I.e. disproving alibis, re-examining evidence and conviction etc.
Punishment was imposed and reflected the view that it was fair for society and the individual.
The case took mitigating circumstances e.g. age, background, pressure from parents etc. so it wasn’t completely a harsh sentence.
Initially before the crime, he was given the benefit of the doubt. I.e. innocent until proven guilty. Therefore it was a successful conviction.
It is one of the cases where justice is really served.
The family of Gonzales said “Thank you” to the judge. This reflects the family is accepting of the decision. This shows the efficiency and effectiveness of the Criminal Justice system.
Sorrell was also given special considerations because he was suffering from mental illness.

5.0 Bibliography:

See Referencing Lawlink HYPERLINK "http://www.lawlink.nsw.gov.au" http://www.lawlink.nsw.gov.au
2 HYPERLINK "http://www.austlii.edu.au/au/cases/nsw/supreme_ct/2003/30.html" http://www.austlii.edu.au/au/cases/nsw/supreme_ct/2003/30.html
3 http://www.austlii.edu.au/au/cases/nsw/supreme_ct/2003/30.html
4 HYPERLINK "http://www.lawlink.com.au" http://www.lawlink.com.au
5 Sydney Morning Herald Newspaper Article-September 18, 2004
6 Sydney Morning Herald Newspaper Article-September 18, 2004
7 Longman Textbook
8 Longman Textbook
9 Lawlink HYPERLINK "http://www.lawlink.nsw.gov.au" http://www.lawlink.nsw.gov.au
10 Lawlink HYPERLINK "http://www.lawlink.nsw.gov.au" http://www.lawlink.nsw.gov.au
11 Lawlink HYPERLINK "http://www.lawlink.nsw.gov.au" http://www.lawlink.nsw.gov.au
12 Sydney Morning Herald Newspaper Article-September 18, 2004 Lawlink HYPERLINK "http://www.lawlink.nsw.gov.au" http://www.lawlink.nsw.gov.au HYPERLINK "http://www.austlii.edu.au/au/cases/nsw/supreme_ct/2003/30.html" http://www.austlii.edu.au/au/cases/nsw/supreme_ct/2003/30.html HYPERLINK "http://www.austlii.edu.au/au/cases/nsw/supreme_ct/2003/30.html" http://www.austlii.edu.au/au/cases/nsw/supreme_ct/2003/30.html HYPERLINK "http://www.lawlink.com.au" http://www.lawlink.com.au Sydney Morning Herald Newspaper Article-September 18, 2004 Sydney Morning Herald Newspaper Article-September 18, 2004

Longman Textbook Longman Textbook Lawlink HYPERLINK "http://www.lawlink.nsw.gov.au" http://www.lawlink.nsw.gov.au Lawlink HYPERLINK "http://www.lawlink.nsw.gov.au" http://www.lawlink.nsw.gov.au Lawlink HYPERLINK "http://www.lawlink.nsw.gov.au" http://www.lawlink.nsw.gov.au Sydney Morning Herald Newspaper Article-September 18, 2004

Hailey Bargshoon

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