R v Breckenridge [2024] NSWSC 1522

R v Breckenridge [2024] NSWSC 1522

On the evidence of two expert psychiatrists, the accused suffers from chronic schizophrenia that deprived him of the capacity to reason about the wrongness of his conduct. Pursuant to s 28, he is not criminally responsible for the murder of Scott Parrott, and a special verdict is entered accordingly.

Parties
Crown: Rex; Accused: Matthew Robert Breckenridge
Jurisdiction
Australia
Judgment Date
28 November 2024
Procedural Posture
Criminal / Verdict and Orders
Outcome
Act proven; accused not criminally responsible; detained as forensic patient
Legal Topics
Murder, Mental Illness Defence, Fitness to Plead, Special Verdict, Forensic Patient Regime
Criminal Law Mental Health Law Murder Mental Illness Defence Fitness to Plead Special Verdict Forensic Patient Regime

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Parties

Rex

Crown

Matthew Robert Breckenridge

Accused

Procedural Posture

Criminal / Verdict and Orders

Legal Issues

  1. 1 Whether the accused is criminally responsible for the alleged offence of murder due to mental impairment under s 28 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW)
  2. 2 Whether a special verdict should be entered and the accused detained as a forensic patient

Ratio Decidendi

On the evidence of two expert psychiatrists, the accused suffers from chronic schizophrenia that deprived him of the capacity to reason about the wrongness of his conduct. Pursuant to s 28, he is not criminally responsible for the murder of Scott Parrott, and a special verdict is entered accordingly.

Court Disposition

Act proven; accused not criminally responsible; detained as forensic patient

Orders

  • Special verdict entered: act proven, accused not criminally responsible (s 31 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 NSW)
  • Accused to be detained in a correctional facility or other place as determined by the Mental Health Review Tribunal until released by due process of law (ss 33, 34)