R v Hotoran [2023] NSWSC 1249

R v Hotoran [2023] NSWSC 1249

Richard Hotoran committed the proven acts forming counts 1 to 6 on the indictment, but was suffering from a mental health impairment such that he neither knew the nature and quality of the acts nor that they were wrong, thereby establishing the defence under s 28 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), warranting a special verdict of act proven but not criminally responsible.

Parties
Crown: Rex; Accused: Richard Hotoran
Jurisdiction
Australia
Judgment Date
20 October 2023
Procedural Posture
Criminal / Post Arraignment Determination of Mental Health Impairment and Special Verdict
Outcome
Special verdict of act proven but not criminally responsible entered for all counts; consequential detention orders made.
Legal Topics
Murder, Grievous Bodily Harm, Intentional Damage to Property, Defence of Mental Health Impairment, Special Verdict
Criminal Law Mental Health Law Murder Grievous Bodily Harm Intentional Damage to Property Defence of Mental Health Impairment Special Verdict

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Parties

Rex

Crown

Richard Hotoran

Accused

Procedural Posture

Criminal / Post Arraignment Determination of Mental Health Impairment and Special Verdict

Legal Issues

  1. 1 Whether the accused is not criminally responsible for the charged offences due to mental health impairment under s 28 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW)

Ratio Decidendi

Richard Hotoran committed the proven acts forming counts 1 to 6 on the indictment, but was suffering from a mental health impairment such that he neither knew the nature and quality of the acts nor that they were wrong, thereby establishing the defence under s 28 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), warranting a special verdict of act proven but not criminally responsible.

Court Disposition

Special verdict of act proven but not criminally responsible entered for all counts; consequential detention orders made.

Orders

  • Special verdict pursuant to s 28 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) of act proven but accused not criminally responsible entered against counts 1-6 inclusive.
  • Pursuant to s 33(1)(b) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), Richard Hotoran to be detained in a correctional facility or at such other place as determined by the Mental Health Review Tribunal until released by due process of law.