R v EC [2022] NSWSC 1088

Supreme Court New South Wales

Medium Neutral Citation: R v EC [2022] NSWSC 1088 Hearing dates: 18, 19 and 21 July 2022 Date of orders: 17 August 2022 Decision date: 17 August 2022 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) I return a special verdict of act proven but not criminally responsible in respect of Count 1 on the indictment, being the charge of murder. (2) I return a special verdict of act proven but not criminally responsible in respect of Count 2 on the indictment, being the charge of intentionally destroy property by means of fire. (3) Pursuant to s 33 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), I order that the accused be detained at the Austinmer Adolescence Unit in the Forensic Hospital or at such other place as may be determined from time to time by the Mental Health Review Tribunal until release by due process of law. (4) Pursuant to s 34 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Act, I refer the accused to the Mental Health Review Tribunal. (5) I order that the Registrar is to notify the Mental Health Review Tribunal, as soon as practicable, of the making of these orders and is to provide the Tribunal the following documentation: (a) A copy of the Court's reasons for verdict; and (b) A copy of the statement of agreed facts, including the reports of Dr Nielssen and Dr Eagle. (6) I order that the related charges which have been referred to this Court pursuant to a certificate under s 166 of the Criminal Procedure Act 1986 (NSW) are dismissed. Catchwords: CRIMINAL LAW — murder — trial — judge alone — young person — defence of mental health impairment — special verdict of act proven but not criminally responsible Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Mental Health Act 2007 (NSW) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Cases Cited: R v DB [2022] NSWCCA 87 R v Hall (1988) 36 A Crim R 368 R v Klamo [2008] VSCA 75 R v Porter (1933) 55 CLR 182; [1933] HCA 1 R v Siemek (No. 1) [2021] NSWSC 1292 R v Tonga [2021] NSWSC 1064 Stapleton v The Queen (1952) 86 CLR 358; [1952] HCA 56 Category: Principal judgment Parties: Regina (Crown) EC (Accused) Representation: Counsel: B Campbell (Crown) J Watts (Accused)