R v Green (No 10) [2021] NSWSC 1449

R v Green (No 10) [2021] NSWSC 1449

The special verdict of act proven but not criminally responsible was entered for each count on the indictment. The Court found, beyond reasonable doubt, that Mr Green committed the acts constituting the physical elements of murder, aggravated break and enter, and use of an offensive weapon. However, the joint expert evidence established, on the balance of probabilities, that Mr Green suffered severe, treatment-resistant schizophrenia, and at the relevant time, did not know the act was wrong as required under the mental health impairment defence (s 28). Consequently, Mr Green is not criminally responsible for the offences proved.

Parties
Prosecutor: Regina (Crown); Accused: Jesse Leigh Green
Jurisdiction
Australia
Judgment Date
15 November 2021
Procedural Posture
Criminal / Special Hearing, Trial by Judge Alone
Outcome
Special verdict of act proven but not criminally responsible for Counts 1, 2, and 3; orders made for accused's detention and referral to Mental Health Review Tribunal.
Legal Topics
Murder, Aggravated Break and Enter, Use of Offensive Weapon, Mental Health Impairment Defence, Trial by Judge Alone, Circumstantial Evidence
Criminal Law Mental Health Law Murder Aggravated Break and Enter Use of Offensive Weapon Mental Health Impairment Defence Trial by Judge Alone Circumstantial Evidence

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Parties

Regina (Crown)

Prosecutor

Jesse Leigh Green

Accused

Procedural Posture

Criminal / Special Hearing, Trial by Judge Alone

Legal Issues

  1. 1 Whether Mr Green committed the acts constituting the offences charged in Counts 1, 2, and 3
  2. 2 Whether the defence of mental health impairment applies to Mr Green under s 28 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW)
  3. 3 Whether circumstantial evidence is sufficient to prove guilt beyond reasonable doubt

Ratio Decidendi

The special verdict of act proven but not criminally responsible was entered for each count on the indictment. The Court found, beyond reasonable doubt, that Mr Green committed the acts constituting the physical elements of murder, aggravated break and enter, and use of an offensive weapon. However, the joint expert evidence established, on the balance of probabilities, that Mr Green suffered severe, treatment-resistant schizophrenia, and at the relevant time, did not know the act was wrong as required under the mental health impairment defence (s 28). Consequently, Mr Green is not criminally responsible for the offences proved.

Court Disposition

Special verdict of act proven but not criminally responsible for Counts 1, 2, and 3; orders made for accused's detention and referral to Mental Health Review Tribunal.

Orders

  • In relation to Count 1, Special Verdict: act of fatally stabbing Teah Luckwell proven, but Mr Green not criminally responsible.
  • In relation to Count 2, Special Verdict: act of aggravated break and enter at Ernest Street, Oxley Vale proven, but Mr Green not criminally responsible.