R v Gough [2021] NSWDC 180

District Court New South Wales

Medium Neutral Citation: R v Gough [2021] NSWDC 180 Hearing dates: 10 May 2021 Date of orders: 14 May 2021 Decision date: 14 May 2021 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraph 43 Catchwords: CRIME - alleged wounding with intent to murder - joint application for special verdict under s 31 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) - construction issue of what is the 'defence' that the Court needs to be satisfied is established in s 31(c) - consideration of onus of proof - whether act proven - whether defendant is 'not criminally responsible' - consideration of whether defendant had 'mental health impairment' at time of offending Legislation Cited: Crimes Act 1900 (NSW) ss 27, 33 Evidence Act 1995 (NSW) s 177 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) ss 4, 5, 31, 32, 33, 34 Cases Cited: R v Presser (1958) VR 45 Texts Cited: Nil. Category: Principal judgment Parties: Director of Public Prosecutions (NSW) Mr J Gough (defendant) Representation: Counsel: Ms E Nicholson for the Director of Public Prosecutions (NSW) Mr J O'Sullivan for the defendant

Solicitors: David Kelly Lawyers for the defendant File Number(s): 2017/174683 Publication restriction: Nil.

Judgment 1. The defendant is charged on indictment that on 11 June 2017 at Wyong (in the State of New South Wales) he wounded David Moorley with intent to murder him, contrary to s 27 of the Crimes Act 1900 (NSW). On the alternative count 2, he wounded David Moorley with the intent to cause him grievous bodily harm, contrary to s 33(1)(a) of the Crimes Act 1900 (NSW).