R v Younan-Sedrak [2022] NSWDC 247

R v Younan-Sedrak [2022] NSWDC 247

The accused admitted the relevant conduct constituting the charges. The court accepted the uncontested medical evidence that, because of a delusional disorder and depressive condition, at the material times the accused could not reason with a moderate degree of sense and composure about whether his acts were wrong, as perceived by reasonable people. The statutory criteria for 'mental health impairment' (NSW) and 'mental impairment' (Cth) were satisfied. Therefore, in respect of the NSW offences, the court entered special verdicts of 'act proven but not criminally responsible' and, for the Commonwealth offences, verdicts of 'not guilty by reason of mental impairment'. Conditional release...

Parties
Prosecutor: Office of the Director of Public Prosecutions (ODPP); Accused: Mr M Younan-Sedrak
Jurisdiction
Australia
Judgment Date
06 July 2022
Procedural Posture
Criminal / Judge Alone Trial and Determination of Appropriate Orders Following Special Verdicts
Outcome
Special verdicts entered for state offences – act proven but not criminally responsible; not guilty by reason of mental impairment for federal offences; conditional release ordered; final AVO ordered; directions re property and notifications.
Legal Topics
Mental Health Impairment Defence, Domestic Violence Offences, Special Verdicts, Conditional Release, Surveillance Devices, Forfeiture of Property, Apprehended Violence Order
Criminal Law Mental Health Law Domestic Violence Mental Health Impairment Defence Domestic Violence Offences Special Verdicts Conditional Release Surveillance Devices +2 more

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Parties

Office of the Director of Public Prosecutions (ODPP)

Prosecutor

Mr M Younan-Sedrak

Accused

Procedural Posture

Criminal / Judge Alone Trial and Determination of Appropriate Orders Following Special Verdicts

Legal Issues

  1. 1 Whether the accused was not criminally responsible for multiple state and federal offences due to mental health impairment or mental impairment
  2. 2 Whether the special verdicts should be entered as provided by statute and appropriate orders made concerning supervision or release

Ratio Decidendi

The accused admitted the relevant conduct constituting the charges. The court accepted the uncontested medical evidence that, because of a delusional disorder and depressive condition, at the material times the accused could not reason with a moderate degree of sense and composure about whether his acts were wrong, as perceived by reasonable people. The statutory criteria for 'mental health impairment' (NSW) and 'mental impairment' (Cth) were satisfied. Therefore, in respect of the NSW offences, the court entered special verdicts of 'act proven but not criminally responsible' and, for the Commonwealth offences, verdicts of 'not guilty by reason of mental impairment'. Conditional release...

Court Disposition

Special verdicts entered for state offences – act proven but not criminally responsible; not guilty by reason of mental impairment for federal offences; conditional release ordered; final AVO ordered; directions re property and notifications.

Orders

  • Special verdict of 'act proven but not criminally responsible' entered for counts 1-2, 5-10 and 12-16; referral to Mental Health Review Tribunal (s 34 MHCIFP Act).
  • Conditional release of Mr Younan-Sedrak on compliance with community treatment order conditions for state offences (s 33(1)(c) MHCIFP Act); supervision by Dr Pethebridge and Ms Kasakaitis at St George Community Mental Health.