R v Murray [2024] NSWSC 503

R v Murray [2024] NSWSC 503

Section 4(2)(d) does not have an excluding role where a mental health impairment is otherwise established under s 4(1); s 4(2) is illustrative rather than mandatory or prohibitory. The s 4(3)(a) carveout is for the Crown to establish on the balance of probabilities. The words 'caused solely by' do not permit reading in a requirement that any other cause be significant for clinical diagnostic purposes, although the other cause must arise from the accused's brain, mind, mental state or mental or emotional functioning. Accordingly, in the judge alone trial the judge would direct himself consistently with those rulings.

Jurisdiction
Australia
Judgment Date
03 May 2024
Procedural Posture
Criminal Proceedings on Indictment; Judge Alone Trial for Two Counts of Murder / Pre Arraignment Directions Hearing on Proposed Directions Concerning the Defence of Mental Health Impairment
Outcome
Crown submissions on the excluding role of s 4(2)(d) and the proposed additional requirement under s 4(3)(a) rejected; rulings made for proposed self-directions in the judge alone trial.
Legal Topics
['judge Alone Trial' 'murder' 'defence of Mental Health Impairment' 'substance Induced Psychotic Disorder' 'mental Health and Cognitive Impairment Forensic Provisions Act 2020 (nsw) S 4' 'onus of Proof for S 4(3) Carveout']
['criminal Law' 'criminal Procedure' 'mental Health Law' 'statutory Interpretation'] ['judge Alone Trial' 'murder' 'defence of Mental Health Impairment' 'substance Induced Psychotic Disorder' 'mental Health and Cognitive Impairment Forensic Provisions Act 2020 (nsw) S 4' 'onus of Proof for S 4(3) Carveout']

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Procedural Posture

Criminal Proceedings on Indictment; Judge Alone Trial for Two Counts of Murder / Pre Arraignment Directions Hearing on Proposed Directions Concerning the Defence of Mental Health Impairment

Legal Issues

  1. 1 ['Whether s 4(2)(d) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) excludes an impairment arising from a temporary substance induced mental disorder from being a mental health impairment.' 'Whether, for s 4(3)(a), an alternative cause sufficient to prevent the carveout operating must be significant for clinical diagnostic purposes.' 'Whether the Crown or the accused bears the onus of establishing the s 4(3)(a) carveout.']

Ratio Decidendi

Section 4(2)(d) does not have an excluding role where a mental health impairment is otherwise established under s 4(1); s 4(2) is illustrative rather than mandatory or prohibitory. The s 4(3)(a) carveout is for the Crown to establish on the balance of probabilities. The words 'caused solely by' do not permit reading in a requirement that any other cause be significant for clinical diagnostic purposes, although the other cause must arise from the accused's brain, mind, mental state or mental or emotional functioning. Accordingly, in the judge alone trial the judge would direct himself consistently with those rulings.

Court Disposition

Crown submissions on the excluding role of s 4(2)(d) and the proposed additional requirement under s 4(3)(a) rejected; rulings made for proposed self-directions in the judge alone trial.

Orders

  • ['The judge proposed to direct himself that s 4(2)(d) does not play an excluding role with regard to an otherwise established mental health impairment.' 'The judge proposed to direct himself that the Crown bears the onus on the balance of probabilities of establishing the proposition in s 4(3)(a).' 'The judge...