R v Trinne (No 2) [2024] NSWSC 1457

Parties

Procedural Posture

Criminal / Special Hearing After Finding of Unfitness to Be Tried, With Directions Following Defence Agreement on Mental Health Impairment

Legal Issues

1. 1 Whether the accused had a mental health impairment within the meaning of the Act at the time of the offence
2. 2 Whether the evidence established a defence under s 28(1)(b) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW)
3. 3 Whether a special verdict of act proven but not criminally responsible should be entered

Ratio Decidendi

The requirements of s 31 were met: the evidence established, on the balance of probabilities, that at the time of carrying out the acts constituting the offence, the accused was suffering from schizophrenia (a mental health impairment) that rendered him unable to know his acts were wrong; therefore, a special verdict of act proven but not criminally responsible was entered under s 31 of the Act.

Court Disposition

Special verdict of act proven but not criminally responsible due to mental health impairment; accused detained as forensic patient.

Orders

• A special verdict is entered pursuant to s 31 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 that the act is proven but the defendant is not criminally responsible due to mental health impairment;
• Pursuant to s 33(1)(b), Glenn Raymond Trinne is to be detained in a correctional facility or such other place as may be determined by the Mental Health Review Tribunal until released by due process of law;