R v Mirza [2024] NSWDC 224

District Court New South Wales

Medium Neutral Citation: R v Mirza [2024] NSWDC 224 Hearing dates: 11/6/24, 12/6/24, 18/6/24 Date of orders: 18/6/24 Decision date: 18 June 2024 Jurisdiction: Criminal Before: Bourke SC Decision: 1. Pursuant to s. 28 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, in relation to each of the 8 counts on the indictment, I find the acts proven but that the accused is not criminally responsible by reason of mental health impairment. 2. I refer the accused to the Mental Health Review Tribunal. 3. A copy of my judgment on verdict, the transcript of the proceedings, and the exhibits are to be provided to the MHRT. 4. The Registrar of the Court is to notify the Minister for Health of the terms of the judgment and the orders. 5. Pursuant to s. 33(1)(b) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 I order that the accused be detained in a secure forensic hospital or mental health facility pending review by the MHRT. Failing that, he is to be held in the Corrective Services Hamden Pod or similar. Catchwords: Crime – Judge alone trial – verdict – Mental health Legislation Cited: Criminal Procedure Act 1986 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 Cases Cited: R v Hall (1988) 36 A Crim R 368 at 370 R v Markuleski (2001) 52 NSWLR 82 R v Tonga [2021] NSWSC 1064 Category: Principal judgment Parties: NSW DPP – Crown Khateebull Mirza - Accused Representation: Ms C Dobraszczyk for Crown Mr B Nield SC for Accused File Number(s): 22/321851, 22/356712, 22/358913 Publication restriction: Statutory non-publication provision in relation to the identity of the victims