R v Dalla-Betta [2024] NSWSC 819

Supreme Court New South Wales

Medium Neutral Citation: R v Dalla-Betta [2024] NSWSC 819 Hearing dates: 3 July 2024 Date of orders: 3 July 2024 Decision date: 03 July 2024 Jurisdiction: Common Law Before: Walton J Decision: The Court makes the following orders: (1) A special verdict be 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) That pursuant to s 33 and s 34 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), Antonio Dalla-Betta 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) That the Registrar notify the Minister for Health of these orders within 7 days. (4) That the Registrar notify the Mental Health Review Tribunal of the verdict and these orders within 7 days. (5) That the Registrar provide the Mental Health Review Tribunal with a copy of the judgment, orders and exhibits within 7 days. (6) That the Registrar notify Justice Health of the verdict and orders, and provide a copy of the judgment, orders and exhibits to Justice Health within 7 days. (7) The Court is to provide a copy of the victim impact statements of Ms Rebecca Dyke and Ms Shannyn Martinez, to the Mental Health Review Tribunal pursuant to s 30N(4) of the Crimes (Sentencing Procedure) Act 1999 (NSW) within 7 days. Catchwords: CRIME – charge of murder – defence of mental health impairment – judge alone trial – parties agree defence of mental health impairment established – evidence by forensic psychiatrists – s 28 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) – s 31 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) – special verdict – orders under s 33 and 34 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) – consequential orders – victims impact statement Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Cases Cited: R v Jackson [2021] NSWSC 1404 R v Jawid [2022] NSWSC 788 R v Sands [2021] NSWSC 1325 R v Siemek (No. 1) [2021] NSWSC 1292 Category: Principal judgment Parties: Rex (Crown) Antonio Dalla-Betta (Accused) Representation: Counsel: G. Steedman (Crown) G. Hoare (Accused)