R v Morgan [2023] NSWDC 253

R v Morgan [2023] NSWDC 253

The defendant committed the acts constituting each offence, but at the time was affected by a chronic and treatment-resistant mental health impairment (schizophrenia) which rendered him unable to know his acts were wrong. The defence of mental health impairment was established, so a special verdict of act proven but...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
13 July 2023
Procedural Posture
Criminal / Special Hearing (judge Alone), Post Determination of Unfitness to Plead
Outcome
Special verdict of act proven but not criminally responsible entered on each charge; defendant to be detained and referred for further orders
Legal Topics
['mental Health Impairment Defence' 'special Verdict' 'criminal Responsibility' 'fitness to Plead']
['criminal Law' 'mental Health'] ['mental Health Impairment Defence' 'special Verdict' 'criminal Responsibility' 'fitness to Plead']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Special Hearing (judge Alone), Post Determination of Unfitness to Plead

Legal Issues

  1. 1 ['Whether the defendant committed the acts constituting each offence as charged' 'Whether a defence of mental health impairment is established such that the defendant is not criminally responsible']

Ratio Decidendi

The defendant committed the acts constituting each offence, but at the time was affected by a chronic and treatment-resistant mental health impairment (schizophrenia) which rendered him unable to know his acts were wrong. The defence of mental health impairment was established, so a special verdict of act proven but not criminally responsible was entered on each count.

Court Disposition

Special verdict of act proven but not criminally responsible entered on each charge; defendant to be detained and referred for further orders

Orders

  • ['Special verdict of act proven but not criminally responsible entered on counts 1 to 8 inclusive' 'Defendant is to be detained at a correctional centre or other place as determined by the Mental Health Review Tribunal until released by due process of law' 'Registrar to notify Minister for Health within 7 days'...