NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v Sands [2021] NSWSC 1325 Hearing dates: 15 October 2021 Decision date: 15 October 2021 Jurisdiction: Common Law - Criminal Before: R A Hulme J Decision: In respect of each of counts 1, 2, 3, and 5 I return the special verdict of act proven but not criminally responsible. Catchwords: CRIME – murder – defence of mental health impairment and cognitive impairment – special verdict where defendant and prosecutor agree on impairment – Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 28, 31 – Major Depressive Disorder – psychotic symptoms – neurodegenerative disease – Posterior Cortical Atrophy – Lewy Body Dementia – unanimous medical opinion that defence applies – accused did not know the nature and quality of the act – accused did not know that the act was wrong – judge alone special verdict of act proven but not criminally responsible Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), s 15A Criminal Procedure Act 1986 (NSW), s 133 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 4, 5, 28, 31, pt 3 Cases Cited: R v Siemek (No. 1) [2021] NSWSC 1292 R v Tonga [2021] NSWSC 1064 Category: Principal judgment Parties: Regina Richard George Sands Representation: Counsel: Mr G Tabuteau Mr S Bouveng
Solicitors: Solicitor for Public Prosecutions Legal Aid NSW File Number(s): 2019/325678
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