R v Jackson [2021] NSWSC 1404

R v Jackson [2021] NSWSC 1404

The defence of mental health impairment under s.28 was established through unanimous expert medical evidence; the accused suffered from chronic psychotic illness at the time of the offence, impairing his ability to reason about the wrongfulness of his acts. As requirements of s.31 were met, a special verdict of 'act proven but not criminally responsible' was entered. Consequential orders for detention and referral to the Mental Health Review Tribunal were made.

Jurisdiction
Australia
Judgment Date
01 November 2021
Procedural Posture
Criminal / Special Verdict Hearing Under S.31 Mental Health and Cognitive Impairment Forensic Provisions Act 2020
Outcome
Special verdict of act proven but not criminally responsible returned; accused to be detained and referred to Mental Health Review Tribunal.
Legal Topics
['murder' 'mental Health Impairment' 'special Verdict' 'forensic Patient' 'detention' 'mental Health Review Tribunal']
['criminal Law'] ['murder' 'mental Health Impairment' 'special Verdict' 'forensic Patient' 'detention' 'mental Health Review Tribunal']

Case Brief

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 Verdict Hearing Under S.31 Mental Health and Cognitive Impairment Forensic Provisions Act 2020

Legal Issues

  1. 1 ['Whether defence of mental health impairment under s.28 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 is established' "Whether special verdict of 'act proven but not criminally responsible' should be returned under s.31"]

Ratio Decidendi

The defence of mental health impairment under s.28 was established through unanimous expert medical evidence; the accused suffered from chronic psychotic illness at the time of the offence, impairing his ability to reason about the wrongfulness of his acts. As requirements of s.31 were met, a special verdict of 'act proven but not criminally responsible' was entered. Consequential orders for detention and referral to the Mental Health Review Tribunal were made.

Court Disposition

Special verdict of act proven but not criminally responsible returned; accused to be detained and referred to Mental Health Review Tribunal.

Orders

  • ['Pursuant to s.33(1)(b) Mental Health and Cognitive Impairment Forensic Provisions Act 2020, Terrance Edward Jackson is ordered to be detained in a correctional facility or at such other place determined by the Mental Health Review Tribunal, until released by law.' 'Pursuant to s.34 of the Mental Health and...