R v MG [2016] NSWDC 374
Following a Special Hearing, the accused was found not guilty on the grounds of mental illness.
- Jurisdiction
- Australia
- Judgment Date
- 02 December 2016
- Procedural Posture
- Criminal / Special Hearing Within the Meaning of S 21 (3) of the Mental Health (forensic Provisions) Act
- Outcome
- Accused found not guilty on the grounds of mental illness
- Legal Topics
- ['sexual Intercourse With a Child Above the Age of 10 and Under the Age of 14 Years' 'circumstances of Aggravation Involving Cognitive Impairment' 'special Hearing' 'mental Illness' 'admissions by a Child With an Intellectual Impairment' 'school Procedural Protocol' 'bail Conditions and Comprehension']
['criminal Law' 'mental Health Law' 'evidence' 'bail'] ['sexual Intercourse With a Child Above the Age of 10 and Under the Age of 14 Years' 'circumstances of Aggravation Involving Cognitive Impairment' 'special Hearing' 'mental Illness' 'admissions by a Child With an Intellectual Impairment' 'school Procedural Protocol' 'bail Conditions and Comprehension']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal / Special Hearing Within the Meaning of S 21 (3) of the Mental Health (forensic Provisions) Act
Legal Issues
- 1 ['Whether the accused was not guilty on the grounds of mental illness in the Special Hearing' 'Whether admissions obtained from the accused child by the school principal and then provided to police raised concerns about interrogation of children with learning difficulties without adults present or legal advice' 'Whether the handling of bail conditions for a child and father unable to read or understand English raised concerns']
Ratio Decidendi
Following a Special Hearing, the accused was found not guilty on the grounds of mental illness.
Court Disposition
Accused found not guilty on the grounds of mental illness
Orders
- ['Non publication order made regarding the names of the victim and the accused or any other thing that might otherwise identify the victim or the accused, including any pictorial representation']
Full Case Text
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