R v Harrington (a pseudonym) [2024] NSWSC 1282

R v Harrington (a pseudonym) [2024] NSWSC 1282

The accused committed the acts underpinning attempted murder and murder but, due to a mental health impairment (psychotic disorder), did not know the acts were wrong and could not reason about them; accordingly, the statutory defence was established and special verdicts are entered that the acts are proven but the accused is not criminally responsible.

Parties
Prosecution: Rex (Crown); Accused: Jessica Harrington (a pseudonym)
Jurisdiction
Australia
Judgment Date
14 October 2024
Procedural Posture
Criminal / Special Verdict Hearing / Determination of Criminal Responsibility Due to Mental Health Impairment
Outcome
Special verdicts entered: acts proven but not criminally responsible due to mental health impairment; accused to be detained until released by due process of law; referral to the Mental Health Review Tribunal; notification orders made.
Legal Topics
Mental Health Impairment Defence, Special Verdicts, Attempted Murder, Murder
Criminal Law Mental Health Impairment Defence Special Verdicts Attempted Murder Murder

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Parties

Rex (Crown)

Prosecution

Jessica Harrington (a pseudonym)

Accused

Procedural Posture

Criminal / Special Verdict Hearing / Determination of Criminal Responsibility Due to Mental Health Impairment

Legal Issues

  1. 1 Whether the accused committed the physical acts of attempted murder and murder alleged
  2. 2 Whether the accused was not criminally responsible for the acts due to mental health impairment

Ratio Decidendi

The accused committed the acts underpinning attempted murder and murder but, due to a mental health impairment (psychotic disorder), did not know the acts were wrong and could not reason about them; accordingly, the statutory defence was established and special verdicts are entered that the acts are proven but the accused is not criminally responsible.

Court Disposition

Special verdicts entered: acts proven but not criminally responsible due to mental health impairment; accused to be detained until released by due process of law; referral to the Mental Health Review Tribunal; notification orders made.

Orders

  • Special verdicts with respect to Counts 1 and 2 entered: acts proven but not criminally responsible under s 31 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW).
  • Jessica Harrington is to be detained at the Forensic Hospital, or such other place as determined by the Mental Health Review Tribunal, until released by due process of law (s 33(1)(b)).