R v Jawid [2022] NSWSC 788

R v Jawid [2022] NSWSC 788

The accused, at the time of the offence, suffered from a mental health impairment characterized by psychotic and anxiety disorders, resulting in an inability to reason about the wrongfulness of his actions. On the balance of probabilities, the Crown could raise this defence, and the accused is not criminally responsible, warranting a special verdict under s 30 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW).

Parties
Prosecutor: Crown; Accused: Jawid Jawid
Jurisdiction
Australia
Judgment Date
21 June 2022
Procedural Posture
Criminal / Principal Judgment, Judge Alone Trial
Outcome
Special verdict of act proven but not criminally responsible; accused to be detained and referred to Mental Health Review Tribunal.
Legal Topics
Murder, Manslaughter, Mental Health Impairment, Defence of Mental Illness, Substantial Impairment
Criminal Law Murder Manslaughter Mental Health Impairment Defence of Mental Illness Substantial Impairment

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Parties

Crown

Prosecutor

Jawid Jawid

Accused

Procedural Posture

Criminal / Principal Judgment, Judge Alone Trial

Legal Issues

  1. 1 Whether the accused had a defence of mental health impairment under s 28 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW)
  2. 2 Whether the Crown could assert defence of mental illness
  3. 3 Whether proof was on balance of probabilities

Ratio Decidendi

The accused, at the time of the offence, suffered from a mental health impairment characterized by psychotic and anxiety disorders, resulting in an inability to reason about the wrongfulness of his actions. On the balance of probabilities, the Crown could raise this defence, and the accused is not criminally responsible, warranting a special verdict under s 30 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW).

Court Disposition

Special verdict of act proven but not criminally responsible; accused to be detained and referred to Mental Health Review Tribunal.

Orders

  • I return a special verdict of act proven but not criminally responsible.
  • I order that the accused be detained pursuant to s 33 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), in an appropriate correctional centre, or facility as the Mental Health Review Tribunal may determine, until released by due process of law.