R v Hotoran [2023] NSWSC 1249

Supreme Court New South Wales

Medium Neutral Citation: R v Hotoran [2023] NSWSC 1249 Hearing dates: 20 October 2023 Decision date: 20 October 2023 Jurisdiction: Common Law Before: Wilson J Decision: 1. Special verdict pursuant to s 28 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) of act proven but accused not criminally responsible entered against counts 1-6 inclusive, of the indictment dated 13 June 2023. CONSEQUENTIAL ORDERS 2. Pursuant to s 33(1)(b) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), Richard Hotoran 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. I direct the Registrar to notify the Minister for Health of the orders that the Court has today made, within seven days. 4. I direct the Registrar to notify the Mental Health Review Tribunal of the verdicts that the Court has returned today and of these orders, within seven days. 5. I direct the Registrar to provide to the Mental Health Review Tribunal a copy of the judgment of the Court of today, a copy of the orders made today, and a copy of Exhibits A, B and C, within seven days from today. 6. I direct the Registrar to notify Justice Health of the verdict and orders of the Court and to provide a copy of the judgment of the Court, the orders of the Court and Exhibits A, B, and C to Justice Health within seven days. 7. Pursuant to s 30N of the Crimes (Sentencing Procedure) Act 1999 (NSW), the Registrar is directed to provide a copy of the family victim impact statements of Anuj Garg (next of kin of Pankaj Kumar), Michelle Vokal (next of kin of Alric Vokal) and Georgina Chapman (next of kin of Peter Greenwood) to the Mental Health Review Tribunal within seven days of this order. Catchwords: CRIME – accused indicted for multiple counts of murder – intentionally damage property by means of fire – defence under the Cognitive Impairment Forensic Provisions Act 2020 – special verdict where defendant and prosecutor agree on impairment – chronic schizophrenia or schizoaffective disorder – chronic psychotic illnesses – auditory hallucinations and serious mood disturbance – evidence of serious planning – no motive for the offending conduct – accused did not know his acts were wrong due to impairment – special verdict returned Legislation Cited: Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Evidence Act 1995 (NSW) Category: Principal judgment Parties: Rex (Crown) Richard Hotoran (Accused) Representation: Counsel: S Hughes (Crown) N Steel (Accused)