R v Munday (No 2) [2021] NSWDC 628

R v Munday (No 2) [2021] NSWDC 628

Mr Munday committed the physical acts proven for each count, however due to his significant cognitive impairment he is not criminally responsible under s28 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020; thus, a special verdict of 'act proven but not criminally responsible' is returned.

Jurisdiction
Australia
Judgment Date
19 November 2021
Procedural Posture
Criminal / Special Hearing Following Finding of Unfitness to Be Tried
Outcome
special verdict of 'act proven but not criminally responsible' entered on all counts
Legal Topics
['arson' 'defence of Cognitive Impairment' 'unfitness to Be Tried' 'special Hearing Procedure']
['criminal Law' 'mental Health Law'] ['arson' 'defence of Cognitive Impairment' 'unfitness to Be Tried' 'special Hearing Procedure']

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Procedural Posture

Criminal / Special Hearing Following Finding of Unfitness to Be Tried

Legal Issues

  1. 1 ['Whether the physical acts of lighting fires and attempts were committed by Mr Munday beyond reasonable doubt' 'Whether Mr Munday is criminally responsible, considering the defence of cognitive impairment under s28 Mental Health and Cognitive Impairment Forensic Provisions Act 2020']

Ratio Decidendi

Mr Munday committed the physical acts proven for each count, however due to his significant cognitive impairment he is not criminally responsible under s28 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020; thus, a special verdict of 'act proven but not criminally responsible' is returned.

Court Disposition

special verdict of 'act proven but not criminally responsible' entered on all counts

Orders

  • ["On each Count in the indictment filed - 1 to 29, a special verdict of 'act proven but not criminally responsible' is returned." 'Proceedings adjourned without entering verdicts until 22 November 2021 to enable submission regarding safety of the defendant or public if conditionally released.']