NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v Fadel [2024] NSWSC 266 Hearing dates: 4 – 5 March 2024; 7 – 8 March 2024; 18 March 2024 Date of orders: 18 March 2024 Decision date: 18 March 2024 Jurisdiction: Common Law - Criminal Before: Wilson J Decision: With respect to counts 1 and 3 of the indictment of 4 March 2024, the Court returns the special verdict pursuant to s 28 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) that the act alleged in each of those counts is proven, but the accused is not criminally responsible for them Catchwords: CRIME – murder – cause grievous bodily harm with intent to murder – defence of mental health impairment – judge alone trial – availability of the special verdict – schizophrenia – s 28 Mental Health Cognitive Impairment Forensic Provisions Act (NSW) – special verdict returned Legislation Cited: Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Mental Health Act 2007 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Mental Health Cognitive Impairment Forensic Provisions Act 2020 (NSW) Cases Cited: R v Risi [2022] NSWSC 862 R v Tonga [2021] NSWSC 1064 The King v Porter (1933) 55 CLR 182 Category: Principal judgment Parties: Rex (Crown) Bilal Fadel (Accused) Representation: Counsel: S Sloane (Crown) J Brock (Accused)
Solicitors: Solicitor for Public Prosecutions NSW (Crown) Abbas & Co Lawyers (Accused) File Number(s): 2020/00246632 Publication restriction: None
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