R v Jawid [2022] NSWSC 788

Supreme Court New South Wales

Medium Neutral Citation: R v Jawid [2022] NSWSC 788 Hearing dates: 14 June 2022 Date of orders: 21 June 2022 Decision date: 21 June 2022 Jurisdiction: Common Law Before: Davies J Decision: (1) I return a special verdict of act proven but not criminally responsible. (2) I order that the accused be detained pursuant to s 33 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), in an appropriate correctional centre, or in such facility as the Mental Health Review Tribunal may determine, until he is released by due process of law. (3) I refer the accused to the Mental Health Review Tribunal. Catchwords: CRIMINAL LAW – offences – murder – trial — judge alone – where accused stabbed the deceased multiple times - accused pleaded not guilty to murder but guilty to manslaughter by reason of substantial impairment – Crown asserted defence of mental health impairment under s 28 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) – whether Crown could assert defence of mental illness – where psychiatrists qualified on behalf of Crown and accused agreed that accused did not know that his acts of stabbing the deceased were wrong – where Crown could raise the defence in circumstances where accused had put mental illness in issue – proof was on the balance of probabilities whether raised by the accused or the Crown - special verdict of act proven but not criminally responsible Legislation Cited: Crimes Act 1900 (NSW) ss 4C, 23A Criminal Appeal Act 1912 (NSW) s 5(2) Criminal Procedure Act 1986 (NSW) s 132 Evidence Act 1995 (NSW) ss 141, 191 Interpretation Act 1987 (NSW) s 35 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 ss 4, 28, 29, 30, 33 Cases Cited: Hawkins v The Queen (1994) 179 CLR 500 R v Ayoub [1984] 2 NSWLR 511 R v Brewer (No 2) [2015] NSWSC 1547 R v Cottle [1958] NZLR 999 R v Damic [1982] 2 NSWLR 750 R v Davidson (No 2) [2019] NSWSC 2011 R v Eyuboglu (No 2) [2019] NSWSC 285 R v Foy (1922) 39 WN (NSW) 21 R v Issa (Unrep., Supreme Court of NSW, Sperling J, 16 October 1995) R v Jennings [2005] NSWSC 789 R v Joyce [1970] SASR 184 R v Meddings [1966] VR 306 R v Minani (2005) 63 NSWLR 490; [2005] NSWCCA 226 R v S [1979] 2 NSWLR 1 R v Waszczuk [2012] NSWSC 1080 The Queen v Falconer (1990) 171 CLR 30; [1990] HCA 49 Texts Cited: Nil Category: Principal judgment Parties: Crown Jawid Jawid (Accused) Representation: Counsel: P Hogan (Crown) G James QC, E James & A Sapienza (Accused)