R v Clarke [2023] NSWSC 1360

Supreme Court New South Wales

Medium Neutral Citation: R v Clarke [2023] NSWSC 1360 Hearing dates: 17 October 2023 Date of orders: 17 October 2023 Decision date: 10 November 2023 Jurisdiction: Common Law - Criminal Before: Rothman J Decision: (1) In relation to each of the two counts, a special verdict is 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) Pursuant to ss 33 and 34 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), Paul Clarke 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) Pursuant to s 34 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), Paul Clarke is referred to the Mental Health Review Tribunal; (4) The Registrar notify the Minister for Health of these orders within 7 days; (5) The Registrar notify the Mental Health Review Tribunal of the verdict and these orders within 7 days; (6) The Registrar provide the Mental Health Review Tribunal with a copy of these orders and the reasons for judgment when they are available and the exhibits within 7 days; (7) The Registrar notify Justice Health of the verdict and orders, and provide a copy of the reasons for judgment and orders and exhibits to Justice Health within 7 days; (8) The Court directs that a copy of the Victim Impact Statements 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 – Murder – defence of mental health – fit to be tried – special verdict – acts constituting offence proved but accused not criminally responsible – orders made under s 31 and s 34 of Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) MENTAL HEALTH – criminal proceedings – person fit to be tried – agreement between Crown and legally-represented accused – facts proved but accused not criminally responsible for conduct Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 30L, 30N(4) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 31, 33, 34 Category: Principal judgment Parties: Rex (Crown) Paul Clarke (Accused) Representation: Counsel: L Shaw (Crown) M Avenell SC (Accused)