R v Patterson (No 6) [2024] NSWSC 458

Supreme Court New South Wales

Medium Neutral Citation: R v Patterson (No 6) [2024] NSWSC 458 Hearing dates: 22 April 2024 Date of orders: 22 April 2024 Decision date: 22 April 2024 Jurisdiction: Common Law - Criminal Before: Dhanji J Decision: The jury is to be directed that the only rational application of the evidence to the relevant law is that the appropriate verdict is act proven but not criminally responsible. Catchwords: CRIMINAL LAW – jury trial – murder – defence of mental health impairment – s 28 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) – expert evidence – psychiatrists in agreement – accused was suffering a psychotic episode at the time of the relevant acts – impairment not caused solely by the temporary effect of ingesting a substance – not a "but for" test – appropriate verdict act proven but not criminally responsible – jury directed in clear terms as to only the rational application of the evidence to the relevant law Legislation Cited: Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 4, 28 Cases Cited: Hone v Western Australia (2007) 179 A Crim R 138 R v Hall (1988) 36 A Crim R 368 R v Klamo (2008) 184 A Crim R 262 R v Miller [2022] NSWSC 802 R v Sheridan [2022] NSWSC 1669 Reberger v R [2011] NSWCCA 132 Ukropina v R [2016] NSWCCA 277 Category: Procedural rulings Parties: Rex (Crown) Jason Patterson (Accused) Representation: Counsel: K Ratcliffe (Crown) MP King (Accused)