R v Huynh [2023] NSWSC 920

Supreme Court New South Wales

Medium Neutral Citation: R v Huynh [2023] NSWSC 920 Hearing dates: 7 August 2023 Date of orders: 7 August 2023 Decision date: 07 August 2023 Jurisdiction: Common Law Before: Campbell J Decision: (1) In relation to the charge of murder contained in the indictment, direct entry of a special verdict of the act of fatally stabbing Quoc Dung Bui is proven, but Thi Bich Huynh is not criminally responsible; (2) Dispense with the jury summoned for the trial; (3) Under s 34 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), Thi Bich Huynh is referred to the Mental Health Review Tribunal; (4) Under s 33(1)(b) of the said Act, order that Thi Bich Huynh is to be detained at such place and in such manner as the Mental Health Review Tribunal determines until her release by due process of law; (5) Direct: (a) The Registrar to notify the Minister for Health, as soon as practicable of the making of these orders; (b) The Registrar is to notify the Mental Health Review Tribunal, as soon as practicable of the making of these orders and is to provide to that tribunal the following documentation: (i) a copy of the Court's reasons for verdict and for making these orders; (ii) copies of Exhibit A (1–5). Catchwords: CRIME — mental health and cognitive impairment defence — defendant and prosecutor agree as to establishment of the defence — murder of husband — deceased perpetrator of domestic violence against the defendant and her children — diagnoses of Major Depression and Post Traumatic Stress Disorder — no real difference between experts' diagnoses — Court satisfied that the evidence establishes the mental health and cognitive impairment defence Legislation Cited: Evidence Act 1995 (NSW), s 80 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 4, 28, 31, 34, 85, 156, 157 Cases Cited: Hawkins v The Queen (1994) 179 CLR 500; [1994] HCA 28 Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8 R v Fleming (Special Verdict) [2023] NSWSC 561 R v Holmes [2021] NSWSC 1325 R v Jenkins (1963) 64 SR (NSW) 20 R v Lambros [2023] NSWSC 462 R v Rodrigues [2010] NSWSC 198 R v Sands [2021] NSWSC 1325 Category: Principal judgment Parties: Rex (Crown) Thi Bic Huynh (Defendant) Representation: Counsel: A Robertson (Crown) A Parsons (Defendant)