R v Harrington (a pseudonym) [2024] NSWSC 1282

Supreme Court New South Wales

Medium Neutral Citation: R v Harrington (a pseudonym) [2024] NSWSC 1282 Hearing dates: 12 August 2024, 08 October 2024 Date of orders: 08 October 2024 Decision date: 14 October 2024 Jurisdiction: Common Law - Criminal Before: McNaughton J Decision: (1) Enter special verdicts with respect to Counts 1 and 2, pursuant to s 31 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), namely that the acts are proven but the accused is not criminally responsible. (2) Pursuant to section 33(1)(b) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Jessica Harrington is to be detained at the Forensic Hospital, or at such other place as determined by the Mental Health Review Tribunal until released by due process of law. (3) Pursuant to section 34 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Jessica Harrington is referred to the Mental Health Review Tribunal. (4) The Registrar is to notify the Minister for Health of these orders within 7 days. (5) The Registrar is to notify the Mental Health Review Tribunal of the verdict and these orders within 7 days. (6) The Registrar is to provide the Mental Health Review Tribunal with a copy of the judgment, orders and exhibits within 7 days. (7) The Registrar is to notify Justice Health of the verdict and orders, and provide a copy of the judgment, orders and exhibits to Justice Health within 7 days. Catchwords: CRIME – charges of attempted drowning with intent to murder and murder – defence of mental health impairment – judge alone hearing – where parties agree defence of mental health impairment established – whether physical acts of the charges proven – whether defence made out – special verdicts entered Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), s 15A Criminal Procedure Act 1986 (NSW), s 133 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 4, 28, 31, 33-34 Cases Cited: R v Jackson [2021] NSWSC 1404 R v Sands [2021] NSWSC 1325 Texts Cited: Nil Category: Principal judgment Parties: Rex (Crown) Jessica Harrington (a pseudonym) (Accused) Representation: Counsel: R Kotsis (Crown) C Feiner (Accused)