NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v Sheridan [2022] NSWSC 1669 Hearing dates: 08 September 2022 Date of orders: 09 December 2022 Decision date: 09 December 2022 Jurisdiction: Common Law Before: Garling J Decision: Crown bears the onus to prove facts relevant to s 4(3) of the Mental Health and Cognitive Impairment Forensic Provisions Act (NSW) 2020 on the balance of probabilities. Catchwords: MENTAL HEALTH — Criminal proceedings — Defence of mental health impairment — Exception to defence if impairment caused solely by temporary effect of ingesting substance or substance use disorder — Onus and burden of proof — Onus on Crown to prove exception to defence on balance of probabilities Legislation Cited: Mental Health and Cognitive Impairment Forensic Provisions Act 2020 ss 4, 28 Cases Cited: Chugg v Pacific Dunlop Ltd (1990) 170 CLR 249; [1990] HCA 41 Dowling v Bowie (1952) 86 CLR 136; [1952] HCA 63 R v Fang (No. 3) [2017] NSWSC 28; 264 A Crim R 554 R v Miller [2022] NSWSC 802 Texts Cited: Not applicable Category: Procedural rulings Parties: The Crown Chadley Sheridan (Accused) Representation: Counsel: R Munro (Crown) B Robinson (Accused)
Solicitors: Office of the Director of Public Prosecutions (Crown) Ramsland Laidler Solicitors (Accused) File Number(s): 2021/74828 Publication restriction: The name of the child victim must not be published or broadcast in a way that connects them with these proceedings: s 15A of the Children (Criminal Proceedings) Act 1987
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate