R v Huynh [2023] NSWSC 920

R v Huynh [2023] NSWSC 920

The Court was satisfied on the balance of probabilities that Thi Bic Huynh was suffering a clinically significant mental health impairment, including Major Depression and Post Traumatic Stress Disorder symptoms arising in the context of longstanding domestic violence, when she fatally stabbed Quoc Dung Bui. The substantially unanimous expert psychiatric evidence established that her impairment caused severe distortion of thought and impaired judgment so that she was unable to reason with moderate sense and composure about whether the act was morally wrong. Because the act of fatally stabbing Mr Bui was proven but the defence under s 28 was established, the Court was required to enter a...

Jurisdiction
Australia
Judgment Date
07 August 2023
Procedural Posture
Criminal Proceedings on Indictment for Murder / Hearing Under S 31 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (nsw) Before Jury Empanelment to Determine Whether the Mental Health and Cognitive Impairment Defence Was Established
Outcome
Special verdict entered: the act of fatally stabbing Quoc Dung Bui was proven, but Thi Bich Huynh was not criminally responsible; she was referred to the Mental Health Review Tribunal and ordered to be detained as the Tribunal determines until release by due process of law.
Legal Topics
['murder' 'mental Health Impairment Defence' 'special Verdict' 'domestic Violence' 'major Depression' 'post Traumatic Stress Disorder' 'referral to Mental Health Review Tribunal']
['criminal Law' 'mental Health and Cognitive Impairment Forensic Provisions'] ['murder' 'mental Health Impairment Defence' 'special Verdict' 'domestic Violence' 'major Depression' 'post Traumatic Stress Disorder' 'referral to Mental Health Review Tribunal']

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Procedural Posture

Criminal Proceedings on Indictment for Murder / Hearing Under S 31 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (nsw) Before Jury Empanelment to Determine Whether the Mental Health and Cognitive Impairment Defence Was Established

Legal Issues

  1. 1 ['Whether the proposed evidence established, on the balance of probabilities, the mental health and cognitive impairment defence under s 28 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW).' 'Whether Thi Bic Huynh, at the time of fatally stabbing Quoc Dung Bui, did not know that her act was morally wrong.' 'What consequential orders should be made following entry of a special verdict.']

Ratio Decidendi

The Court was satisfied on the balance of probabilities that Thi Bic Huynh was suffering a clinically significant mental health impairment, including Major Depression and Post Traumatic Stress Disorder symptoms arising in the context of longstanding domestic violence, when she fatally stabbed Quoc Dung Bui. The substantially unanimous expert psychiatric evidence established that her impairment caused severe distortion of thought and impaired judgment so that she was unable to reason with moderate sense and composure about whether the act was morally wrong. Because the act of fatally stabbing Mr Bui was proven but the defence under s 28 was established, the Court was required to enter a...

Court Disposition

Special verdict entered: the act of fatally stabbing Quoc Dung Bui was proven, but Thi Bich Huynh was not criminally responsible; she was referred to the Mental Health Review Tribunal and ordered to be detained as the Tribunal determines until release by due process of law.

Orders

  • ['In relation to the charge of murder contained in the indictment, direct entry of a special verdict of the act of fatally stabbing Quoc Dung Bui is proven, but Thi Bich Huynh is not criminally responsible.' 'Dispense with the jury summoned for the trial.' 'Under s 34 of the Mental Health and Cognitive Impairment...