Miller v R [2024] NSWCCA 51

Miller v R [2024] NSWCCA 51

The Court was satisfied on the balance of probabilities, based on fresh and unanimous expert medical evidence, that at the time of the offence the applicant had schizophrenia constituting a mental health impairment as defined by statute, such that he did not know his acts were wrong, making him not criminally responsible. Accordingly, the conviction and sentence must be quashed and replaced with a special verdict of act proven but not criminally responsible.

Parties
Applicant: Jordan Miller; Respondent: Rex (Crown)
Jurisdiction
Australia
Judgment Date
12 April 2024
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal allowed, conviction and sentence quashed, special verdict of act proven but not criminally responsible entered, applicant to be detained subject to Mental Health Review Tribunal.
Legal Topics
Appeal Against Conviction, Special Verdict of Act Proven But Not Criminally Responsible, Mental Health Impairment, Fresh Evidence
Criminal Law Mental Health Law Appeal Against Conviction Special Verdict of Act Proven But Not Criminally Responsible Mental Health Impairment Fresh Evidence

Case Brief

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Parties

Jordan Miller

Applicant

Rex (Crown)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether fresh evidence of schizophrenia diagnosis constitutes a miscarriage of justice
  2. 2 Whether the applicant was not criminally responsible for murder due to mental health impairment at the time of the offence
  3. 3 Whether a special verdict of act proven but not criminally responsible should have been entered

Ratio Decidendi

The Court was satisfied on the balance of probabilities, based on fresh and unanimous expert medical evidence, that at the time of the offence the applicant had schizophrenia constituting a mental health impairment as defined by statute, such that he did not know his acts were wrong, making him not criminally responsible. Accordingly, the conviction and sentence must be quashed and replaced with a special verdict of act proven but not criminally responsible.

Court Disposition

Appeal allowed, conviction and sentence quashed, special verdict of act proven but not criminally responsible entered, applicant to be detained subject to Mental Health Review Tribunal.

Orders

  • Grant leave to appeal against conviction.
  • Allow the appeal against conviction.