R v Woof [2024] NSWDC 484
The accused committed the acts constituting the offence by cultivating not less than a large commercial quantity of cannabis plants, but by reason of mental health impairment, at the time he did not know the acts were wrong. Therefore, a special verdict of act proven but not criminally responsible was returned.
- Parties
- Prosecutor: Office of the Director of Public Prosecutions (ODPP); Accused: Mr Matthew Woof
- Jurisdiction
- Australia
- Judgment Date
- 17 October 2024
- Procedural Posture
- Criminal (special Hearing) / Special Verdict
- Outcome
- Special verdict: act proven but not criminally responsible
- Legal Topics
- Mental Health Impairment, Cultivation of Prohibited Plants, Special Hearings, Large Commercial Quantity
Case Brief
Summary, issues, holding and outcome
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Parties
Office of the Director of Public Prosecutions (ODPP)
Prosecutor
Mr Matthew Woof
Accused
Procedural Posture
Criminal (special Hearing) / Special Verdict
Legal Issues
- 1 Whether the accused committed the act of cultivating a commercial quantity of cannabis plants
- 2 Whether the accused was criminally responsible due to mental health impairment
Ratio Decidendi
The accused committed the acts constituting the offence by cultivating not less than a large commercial quantity of cannabis plants, but by reason of mental health impairment, at the time he did not know the acts were wrong. Therefore, a special verdict of act proven but not criminally responsible was returned.
Court Disposition
Special verdict: act proven but not criminally responsible
Orders
- Count 1: special verdict of act proven but not criminally responsible
Full Case Text
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