NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v MM [2024] NSWSC 1066 Hearing dates: 23 August 2024 Date of orders: 23 August 2024 Decision date: 23 August 2024 Jurisdiction: Common Law Before: R A Hulme AJ Decision: Special verdict of act proven but the accused is not criminally responsible. Orders made for the detention of the young person until release by due process of law and for referral to the Mental Health Review Tribunal Catchwords: CRIME – murder – defence of mental impairment and cognitive impairment – special verdict where defence and prosecution agree that defence is available – unanimous medical opinion that a severe form of manic psychosis was present at the time of the offence – accused did not know that the act was wrong – temporary effect of alcohol intoxication negatived – special verdict of act proven but not criminally responsible returned Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), s 15A Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 4, 28(1), 31 Cases Cited: R v AD [2024] NSWSC 444 R v BE [2023] NSWSC 1007 R v BL [2024] NSWSC 51 R v Sione; R v Dawson [2024] NSWSC 378 R v Sione; R v Dawson [2024] NSWSC 846 R v TB [2024] NSWSC 447 Category: Principal judgment Parties: Rex (Crown) MM (Accused) Representation: Counsel: P Hogan (Crown) B Robinson (Accused)
Solicitors: Director of Public Prosecutions (NSW)(Crown) Veronica Love Lawyer (Accused) File Number(s): 2021/223940
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