R v Lailna [2023] NSWSC 48

Supreme Court New South Wales

Medium Neutral Citation: R v Lailna [2023] NSWSC 48 Hearing dates: 6 and 7 February 2023 Date of orders: 7 February 2023 Decision date: 07 February 2023 Jurisdiction: Common Law Before: Chen J Decision: (1) A special verdict be entered, pursuant to s 31 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), namely that the act is proven but the accused is not criminally responsible. (2) That pursuant to ss 33 and 34 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), Baltej Singh Lailna is to be detained in a correctional facility or at such other place as determined by the Mental Health Review Tribunal, until released by due process of law. (3) That the Registrar notify the Minister for Health of these orders within 7 days. (4) That the Registrar notify the Mental Health Review Tribunal of the verdict and these orders within 7 days. (5) That the Registrar provide the Mental Health Review Tribunal with a copy of the judgment, orders and exhibits within 7 days. (6) That the Registrar notify Justice Health of the verdict and orders, and provide a copy of the judgment, orders and exhibits to Justice Health within 7 days. (7) Direct that a copy of the victim impact statement of Mr Jaspreet Singh be provided to the Mental Health Review Tribunal pursuant to s 30N(4) of the Crimes (Sentencing Procedure) Act 1999 (NSW) within 7 days. Catchwords: CRIME – judge alone trial – murder – defence of mental health impairment – special verdict where prosecutor and defence agree that defence available under s 31 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) – Court satisfied that defence of mental health impairment established – special verdict entered Legislation Cited: Criminal Procedure Act 1986 (NSW) Evidence Act 1995 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Cases Cited: R v Lailna [2021] NSWSC 1205 R v Jackson [2021] NSWSC 1404 R v Sands [2021] NSWSC 1325 R v Siemek (No.1) [2021] NSWSC 1292 R v Tonga [2021] NSWSC 1064 Category: Principal judgment Parties: Rex (Crown) Baltej Singh Lailna (Accused) Representation: Counsel: Ms F Gray (Crown) Mr I Todd (Accused)