R v Siemek (No. 1) [2021] NSWSC 1292

Supreme Court New South Wales

Medium Neutral Citation: R v Siemek (No. 1) [2021] NSWSC 1292 Hearing dates: 11 October 2021 Date of orders: 13 October 2021 Decision date: 13 October 2021 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: 1 On the charge that the Accused on 27 May 2020, at Euroka in the State of New South Wales did murder Vincent Evans, the Court finds the act proven, but the Accused not criminally responsible for it. 2 Verdict entered on indictment: "Act proven but not criminally responsible". Catchwords: CRIME – judge alone trial – murder – deceased stabbed multiple times – defence of mental health impairment under s.28 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 ("MHCIFP Act") – diagnosis of Bipolar 1 Disorder or Schizoaffective Disorder – parties agree defence available under s. 31 MHCIFP Act – function of Court at trial where s.31 applies – unanimous medical evidence that Accused subject to "mental health impairment" – unanimous medical evidence that Accused did not know that act causing death was wrong in that he could not reason with a moderate degree of sense and composure about whether the act, as perceived by reasonable people, was wrong (s.28(1)(b) MHCIFP Act) – Court satisfied that defence of mental impairment established (s.31(c) MHCIFP Act) – special verdict entered under ss.30 and 31 MHCIFP Act of "act proven but not criminally responsible" Legislation Cited: Criminal Procedure Act 1986 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 Uniform Civil Procedure Rules 2005 Cases Cited: Carter v R [2019] NSWCCA 11 Craigie v Faircloth & Reynolds Pty Ltd and Ors [2021] NSWSC 1211 Da-Pra v R; R v Da-Pra [2014] NSWCCA 211 Hawkins v The Queen (1994) 179 CLR 500; [1994] HCA 28 Lucas v The Queen (1970) 120 CLR 171; [1970] HCA 14 M'Naghten's Case (1843) 8 ER 718 R v Hall (1988) 36 A Crim R 368 R v Jenkins (1963) 64 SR(NSW) 20 R v Klamo (2008) 18 VR 644; [2008] VSCA 75 R v Minani (2005) 63 NSWLR 490; [2005] NSWCCA 226 R v Tonga [2021] NSWSC 1064 The King v Porter (1933) 55 CLR 182; [1933] HCA 1 Tumanako v R (1992) 64 A Crim R 149 Wainohu v State of New South Wales (2011) 243 CLR 181; [2011] HCA 24 Texts Cited: New South Wales Law Reform Commission, Report 138, "People With Cognitive and Mental Health Impairments in the Criminal Justice System – Criminal Responsibility and Consequences", 2013 Category: Principal judgment Parties: Regina (Crown) Justin Karl Siemek (Accused) Representation: Counsel: Mr BN Queenan (Crown) Mr B Neild (Accused)