R v Morgan [2023] NSWDC 253

District Court New South Wales

Medium Neutral Citation: R v Morgan [2023] NSWDC 253 Hearing dates: 11 July 2023 Date of orders: 13 July 2023 Decision date: 13 July 2023 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraphs 133 - 134 Catchwords: CRIMINAL LAW – mental health – defendant determined to be unfit to be tried - special hearing – agreement as to appropriate verdicts – whether mental health impairment defence established on the probabilities - appropriate consequential orders Legislation Cited: Crimes Act 1900 (NSW) ss 27, 33, 33B, 60, 117, 195 Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 13 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) ss 4, 28, 31, 32, 54, 56, 59 Cases Cited: R v Devine (1982) 8 A Crim R 45 R v Hatch [2006] NSWCCA 330 R v Markuleski (2001) 52 NSWLR 82 R v Shepherd [2003] NSWCCA 351 Vallance v The Queen (1961) 108 CLR 56 Texts Cited: Nil Category: Principal judgment Parties: Office of the Director of Public Prosecutions (ODPP) Mr Jacob Patrick Morgan (defendant) Representation: Counsel: Mr D Robinson for the Crown Mr I Todd for the defendant

Solicitors: ODPP Legal Aid for the defendant File Number(s): 2021/00170378 2021/00247531 Publication restriction: Nil

REASONS FOR VERDICTS

Background 1. The defendant is charged on indictment of multiple offences, all allegedly committed on 11 June 2021 as follows: Charge Description Offence provision 1 At Chatswood in the State of New South Wales did steal certain property, namely, one blue coloured Ralph Lauren cap and one dark-coloured "Ellesse" brand jacket, the property of Accent Lifestyle Pty Ltd trading as Glue Store Crimes Act 1900 (NSW), s 117 2 At Chatswood in the State of New South Wales, did threaten to use an offensive weapon with intent to prevent the lawful apprehension of himself Crimes Act 1900 (NSW), s 33B(1)(a) 3 At Chatswood in the State of New South Wales, did threaten to use an offensive weapon with intent to prevent the lawful apprehension of himself Crimes Act 1900 (NSW), s 33B(1)(a) 4 At Manly in the State of New South Wales, did wound Hugo Fraser Stegmann, with intent to cause grievous bodily harm Crimes Act 1900 (NSW), s 33(1)(a) 5 At Narraweena in the State of New South Wales, did intimidate Adam Yuille with the intention of causing the said Adam Yuille to fear physical harm Crimes (Domestic and Personal Violence) Act 2007 (NSW), S 13(1) 6 At Narraweena in the State of New South Wales, did intentionally damage the front door of 12/66 Warringah Rd, Narraweena, the property of Adam Yuille Crimes Act 1900 (NSW), s 195(1)(a) 7 At Narraweena in the State of New South Wales, did assault Paul Rutkowski, a police officer acting in the execution of his duty, and by the assault did occasion actual bodily harm Crimes Act 1900 (NSW), s 60(2) 8 At Narraweena in the State of New South Wales, did wound Max Moon with intent to murder the said Max Moon Crimes Act 1900 (NSW), s 27 9 (alt to 8) At Narraweena in the State of New South Wales, did wound Max Moon with intent to prevent the lawful apprehension of himself Crimes Act 1900 (NSW), 33(2)(a) 10 (alt to 8) At Narraweena in the State of New South Wales, did wound Max Moon, a police officer acting in the execution of his duty, and was reckless as to causing actual bodily harm to that officer Crimes Act 1900 (NSW), s 60(3)