R v Fleming (Special Verdict) [2023] NSWSC 561

R v Fleming (Special Verdict) [2023] NSWSC 561

The acts alleged in counts 2-12 are proven, but due to the accused's established mental health impairment (schizophrenia or schizo-affective disorder), and inability to know his acts were wrong on 28 November 2021, Mr Fleming is not criminally responsible for these offences and a special verdict is returned under s 31.

Jurisdiction
Australia
Judgment Date
23 May 2023
Procedural Posture
Criminal / Special Verdict Following Partial Trial; Court Entered Verdict Under S 31 Mental Health Cognitive Impairment Forensic Provisions Act 2020 (nsw)
Outcome
Special verdict entered: acts proven but accused not criminally responsible due to mental health impairment
Legal Topics
['firearms Offences' 'kidnapping' 'mental Health Impairment' 'special Verdict' 'criminal Responsibility']
['criminal Law' 'mental Health Law'] ['firearms Offences' 'kidnapping' 'mental Health Impairment' 'special Verdict' 'criminal Responsibility']

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Procedural Posture

Criminal / Special Verdict Following Partial Trial; Court Entered Verdict Under S 31 Mental Health Cognitive Impairment Forensic Provisions Act 2020 (nsw)

Legal Issues

  1. 1 ['Whether the accused is criminally responsible for acts alleged in counts 2-12 due to mental health impairment' 'Whether the physical elements of each offence are proven' 'Whether a special verdict should be entered pursuant to s 31 of the Mental Health Cognitive Impairment Forensic Provisions Act 2020 (NSW)']

Ratio Decidendi

The acts alleged in counts 2-12 are proven, but due to the accused's established mental health impairment (schizophrenia or schizo-affective disorder), and inability to know his acts were wrong on 28 November 2021, Mr Fleming is not criminally responsible for these offences and a special verdict is returned under s 31.

Court Disposition

Special verdict entered: acts proven but accused not criminally responsible due to mental health impairment

Orders

  • ['With respect to counts 2-12, the Court returns the special verdict pursuant to s 31 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) that the act alleged in each count is proven, but the accused is not criminally responsible for them.']