R v Munday (No 3) [2021] NSWDC 629

District Court New South Wales

Medium Neutral Citation: R v Munday (No 3) [2021] NSWDC 629 Hearing dates: 19 November 2021 Date of orders: 19 November 2021 Decision date: 19 November 2021 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Referred to Mental Health Review Tribunal. Conditional release order. See [37] Catchwords: CRIME – Arson - intentionally cause fire and be reckless as to its spread - multiple offences CRIME - Special hearing - Judge Alone hearing – Person unfit to be tried - verdicts "act proven but not criminally responsible"- consequential orders MENTAL HEALTH - Criminal proceedings — Person unfit to be tried - Special hearing – defence of cognitive impairment established – consequent orders - is detention necessary? Legislation Cited: Bail Act 2013 Crimes Act 1900 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 Cases Cited: Attorney General of NSW v X (2013) 235 A Crim R 17; [2013] NSWSC 1392 R v Munday (No 2) [2021] NSWDC 628. R v Munday [2021] NSWDC 374 R v Siemek [2021] NSWSC 1292 R v Siemek (No. 2) [2021] NSWSC 1293 R v Tonga [2021] NSWSC 1064 Texts Cited: COVID-19 (coronavirus) Response, Corrective Services NSW; https://www.coronavirus.dcj.nsw.gov.au/services/corrective-services/impact-of-covid-restrictions Category: Consequential orders Parties: Warren Fletcher Munday (the defendant) Director of Public Prosecutions Representation: Counsel: Ms S Hall (for the defendant) Ms A Hughes, Solicitor Advocate (for Director of Public Prosecutions)