R v MC (No 2) [2021] NSWSC 1542

Parties

Procedural Posture

Criminal / Special Hearing (judge Alone) After Finding of Unfitness to Be Tried

Legal Issues

1. 1 Whether the accused committed the acts charged (murder and wounding with intent to cause grievous bodily harm)
2. 2 Whether the accused was not criminally responsible by reason of mental illness under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW)

Ratio Decidendi

The accused committed the acts charged (the physical elements of murder and wounding with intent to cause grievous bodily harm are established on the limited evidence available), but at the time of the acts was suffering from a mental health impairment (schizophrenia) that rendered him incapable of knowing that the acts were wrong as required by s 28 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW). Accordingly, the Court returns special verdicts of act proven but not criminally responsible for each offence.

Court Disposition

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

Orders

• With respect to each offence, I return a special verdict of act proven but not criminally responsible.
• I refer the accused to the Mental Health Review Tribunal pursuant to s 34 of the Act.