NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Matthew Whitton [2022] NSWDC 274 Hearing dates: 18 July 2022 Decision date: 19 July 2022 Jurisdiction: Criminal Before: Coleman SC DCJ Decision: On the charge that the Accused, on 1 December 2020, at Moorebank, NSW, did wound Roy Whitton with intent to murder him, the Court returns a special verdict of act proven but not criminally responsible. Catchwords: CRIME – wound with intent to murder – defence of mental health impairment – special verdict where prosecutor and defence agree that defence is available – consideration of ss 4, 28 and 31 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 – schizophrenia and chronic psychotic condition – special verdict entered under ss 30 and 31 of the MHCIFP Act of "act proven but not criminally responsible" – orders made under ss 33 and 34 of the MHCIFP Act Legislation Cited: Crimes Act 1900 NSW ss 27, 33(1)(a) Criminal Procedure Act 1986 NSW s 166 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 NSW ss 4, 28, 31, 33, 34 Cases Cited: R v Brian Lee (No.2) [2019] NSWSC 586 R v Jackson [2021] NSWSC 1404 R v Osmond [2019] NSWSC 326 R v Siemek (No. 1) [2021] NSWSC 1292 Category: Principal judgment Parties: Regina (Crown) Matthew Whitton (Accused) Representation: Counsel: Mr B Allison (Crown) Ms F Jowett (Accused)
Solicitors: Ms C Vye (Crown) Mr P Morris (Accused) File Number(s): 2019/378132; 2019/378069
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