R v Miller [2022] NSWSC 802

Supreme Court New South Wales

Medium Neutral Citation: R v Miller [2022] NSWSC 802 Hearing dates: 2 - 3 June 2022 Decision date: 03 June 2022 Jurisdiction: Common Law Before: Cavanagh J Decision: Defences under s 28 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) and s 421 of the Crimes Act 1900 (NSW) left to the jury. Catchwords: CRIMINAL PROCEDURE — Trial — Directions to jury — Self-defence with excessive force — Mental health impairment STATUTORY INTERPRETATION — Definition of "mental health impairment" — Exclusion — Onus of proof — Whether meaning of "mental health impairment" is question of fact for the jury Legislation Cited: Crimes Act 1900 (NSW) Interpretation Act 1987 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Cases Cited: Braysich v The Queen 243 CLR 434; [2011] HCA 14 Colosimo v Director of Public Prosecutions (NSW) [2006] NSWCA 293 Moweno Pty Ltd v Stratis Promotions Pty Ltd [2003] NSWCA 376 R v DB [2022] NSWCCA 87 R v Flame (No 4) [2020] NSWSC 1826 R v MC (No 2) [2021] NSWSC 1542 R v Pham [2021] NSWSC 196 R v Siemek (No 1) [2021] NSWSC 1292 R v Tonga [2021] NSWSC 1064 SZTAL v Minister of Immigration and Border Protection (2017) 262 CLR 362; [2017] HCA 34 Texts Cited: A Johnson, K Eagle and C Goodhand, Crime and mental health law in New South Wales: Supplement to the 3rd edition (2021, LexisNexis Butterworths) New South Wales, Law Reform Commission, People with cognitive and mental health impairments in the criminal justice system: Criminal responsibility and consequences (May 2013) New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 3 June 2020 Category: Procedural rulings Parties: Regina Jordan Brodie Miller Representation: Counsel: L Carr SC (Regina) P Krisenthal (Accused)