R v Sands [2021] NSWSC 1325

R v Sands [2021] NSWSC 1325

The accused committed the physical acts underlying counts 1, 2, 3, and 5, but due to established mental health and cognitive impairment, he did not know the nature and quality of his acts nor that they were wrong; thus, the defence under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) is established and a special verdict of act proven but not criminally responsible must be entered.

Parties
Prosecutor: Regina; Accused: Richard George Sands
Jurisdiction
Australia
Judgment Date
15 October 2021
Procedural Posture
Criminal / Hearing Pursuant to S 31 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (nsw)
Outcome
act proven but not criminally responsible
Legal Topics
Murder, Mental Health Impairment, Cognitive Impairment, Special Verdict, Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (nsw)
Criminal Law Murder Mental Health Impairment Cognitive Impairment Special Verdict Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (nsw)

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Parties

Regina

Prosecutor

Richard George Sands

Accused

Procedural Posture

Criminal / Hearing Pursuant to S 31 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (nsw)

Legal Issues

  1. 1 Whether Richard George Sands is criminally responsible for the physical acts constituting offences due to mental health impairment and cognitive impairment
  2. 2 Whether the defence of mental health or cognitive impairment is established under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW)

Ratio Decidendi

The accused committed the physical acts underlying counts 1, 2, 3, and 5, but due to established mental health and cognitive impairment, he did not know the nature and quality of his acts nor that they were wrong; thus, the defence under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) is established and a special verdict of act proven but not criminally responsible must be entered.

Court Disposition

act proven but not criminally responsible

Orders

  • In respect of counts 1, 2, 3, and 5, special verdict of act proven but not criminally responsible returned.