R v RISI [2022] NSWSC 862

Supreme Court New South Wales

Medium Neutral Citation: R v RISI [2022] NSWSC 862 Hearing dates: 14 – 22 June 2022 Decision date: 01 July 2022 Jurisdiction: Common Law - Criminal Before: R A Hulme J Decision: Offence proven but the accused not criminally responsible for them Catchwords: MENTAL HEALTH — Criminal proceedings — Judge alone special hearing — Murder — Physical elements of offence proved beyond reasonable doubt — Defence of mental illness — Special verdict of not guilty by reason of mental illness Legislation Cited: Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) ss 4, 5, 28, 36, 47, 49, 53, 56 Crimes Act 1900 (NSW) ss 18, 59 Cases Cited: R v Tonga [2021] NSWSC 1064 Category: Principal judgment Parties: Regina Michele Noel Risi Representation: Counsel: K McKay SC (Crown) M Avenell SC (Accused)

Solicitors: Solicitor for Public Prosecutions Legal Aid File Number(s): 2020/96878

Judgment 1. R A HULME J: Following committal for trial, an indictment was filed in this Court on 29 October 2020 charging Michele Noel Risi that between 23 March 2020 and 29 March 2020 at Gladesville he did murder Shannon Weller and that on 23 March 2020 at Gladesville he did assault Allyson Thornton, thereby occasioning actual bodily harm to her. 2. On 21 June 2021 Beech-Jones J (as his Honour then was), pursuant to s 47 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) (the Act or the MHCIFP Act), found Mr Risi was unfit to be tried, but may become fit to be tried in the ensuing 12 months. He remanded Mr Risi in custody and referred the matter to the Mental Health Review Tribunal pursuant to s 49(1) of the Act. 3. On 12 October 2021 the Mental Health Review Tribunal found that Mr Risi was unfit to be tried and would not become fit within the 12 months following the Court's finding on 21 June 2021. Subsequent to that, pursuant to s 53 of the Act, the Director of Public Prosecutions advised that further proceedings would be taken by the Director in respect of both offences on the indictment. 4. This series of events required the Court to convene a special hearing which commenced on 14 June 2022. No election was made for a jury and so the matter proceeded by judge alone pursuant to s 56(9).