Australia, July 14 -- New South Wales Land and Environment Court issued text of the following judgement on June 13:

On 22 April 2022 the applicant, Mr Lucas Delaney, pleaded guilty to the murder of his sister, Gabriella Delaney, on 3 June 2020. He adhered to that plea in the Supreme Court on 3 June 2022. The applicant was sentenced by Garling J to imprisonment for 21 years commencing 9 June 2020 and expiring 8 June 2041 with a non-parole period of 15 years 9 months expiring 8 March 2036.

The applicant and the deceased lived together as the sole occupants of a detached flat at Cambridge Park. Two other family members lived in the main house and another unit on the property. In the afternoon of 3 June 2020, their cousin, Jayleb, had an entirely normal interaction with the applicant and the deceased. Later that afternoon the applicant repeatedly struck the deceased with a hammer, causing fatal injuries. The applicant struck the blows with an intention to kill the deceased. The applicant wrapped the deceased's body in a blanket on his bed before placing an armchair on top of the deceased's body. The applicant then left the property. Over the next few days, the applicant stayed in several locations, consumed numerous drugs and transferred money from the deceased's bank account to his own. On 7 June 2020, the applicant presented himself to Cumberland Hospital where he was voluntarily admitted in connection with his drug use. The deceased's body was discovered in the flat on 8 June 2020. On 9 June 2020 the applicant was arrested and taken into custody from Cumberland Hospital.

The applicant's lawyers arranged for the forensic psychiatrist, Dr Adam Martin, to provide a report on the availability of a defence of mental health impairment pursuant to s 28 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW). Dr Martin concluded that a defence of mental health impairment was not available despite diagnosing the applicant with schizophrenia because acute intoxication could not be excluded as "the most important factor" to the offending. The Crown's expert, Associate Professor Anthony Samuels, reached a similar conclusion. Based on that advice the applicant's lawyers advised the applicant that they would have to exclude drug use on his part to be able to rely on the defence of mental health impairment. In reliance on that advice the applicant entered a plea of guilty to murder on 22 April 2022.

The applicant sought leave to appeal against his conviction on one ground:

Ground 1: A miscarriage of justice occurred because the applicant's plea of guilty to murder was entered on the basis of expert opinion evidence and legal advice that was mistaken about the definition of "mental health impairment" in Section 4 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW)

The applicant also sought leave to appeal against his sentence on one ground:

Ground 2:The learned sentencing judge erred in his consideration of the applicant's mental state at the time of the offence.

As the applicant's appeal against his conviction was allowed it was not necessary to consider the appeal against sentence.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196fa4c04552c007b543e234)

Disclaimer: Curated by HT Syndication.