R v Jackson [2021] NSWSC 1404

Supreme Court New South Wales

Medium Neutral Citation: R v Jackson [2021] NSWSC 1404 Hearing dates: 1 November 2021 Date of orders: 1 November 2021 Decision date: 01 November 2021 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: 1. On the charge that the Accused, on 21 March 2020 at Croydon in the State of New South Wales, did murder Paul Robert Hughes, the Court returns a special verdict of act proven but not criminally responsible. 2. Pursuant to s.33(1)(b) Mental Health and Cognitive Impairment Forensic Provisions Act 2020, the Court orders that Terrance Edward Jackson be detained in a correctional facility, or at such other place as may be determined from time to time by the Mental Health Review Tribunal, until released by due process of law. 3. Pursuant to s.34 Mental Health and Cognitive Impairment Forensic Provisions Act 2020, the Court refers Terrance Edward Jackson to the Mental Health Review Tribunal. The Court further orders: 4. The Registrar is to notify the Mental Health Review Tribunal, as soon as practicable, of the making of these orders and is to provide to that Tribunal the following documentation: 1. a copy of the Court's reasons for verdict and for making these orders; 2. a copy of the tender bundle (Exhibit A), which includes the reports of Ms Lucas, Dr Dayalan and Dr Eagle. 5. The Registrar is to notify Justice Health and Forensic Mental Health Network ("Justice Health") as soon as practicable, of the verdict and orders in this matter and is to provide to Justice Health copies of the following documents: 1. copy of the reasons of the Court for verdict and making these orders; 2. copies of the reports of Ms Lucas, Dr Dayalan and Dr Eagle. Catchwords: CRIME – murder – defence of mental health impairment – special verdict where prosecutor and defence agree that defence available – consideration of ss.4, 28 and 31 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 – accused drove motor vehicle over deceased causing death – unanimous medical evidence that accused subject to mental health impairment at time of act causing death – schizoaffective disorder – schizophrenia, paranoid type – special verdict entered under ss.30 and 31 of Act of "act proven but not criminally responsible" – orders made under ss.33 and 34 of Act Legislation Cited: Criminal Procedure Act 1986 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 Cases Cited: R v Gough [2021] NSWDC 180 R v Sands [2021] NSWSC 1325 R v Siemek (No. 1) [2021] NSWSC 1292 R v Tonga [2021] NSWSC 1064 Robinson v R (2006) 162 A Crim R 88; [2006] NSWCCA 192 Texts Cited: --- Category: Principal judgment Parties: Regina (Crown) Terrance Edward Jackson (Accused) Representation: Counsel: Mr MC Hay (Crown) Mr AM Webb (Accused)