R v Yeon (No 2) [2024] NSWSC 1389

Supreme Court New South Wales

Medium Neutral Citation: R v Yeon (No 2) [2024] NSWSC 1389 Hearing dates: 21 October 2023 Date of orders: 01 November 2024 Decision date: 01 November 2024 Jurisdiction: Common Law Before: Wright J Decision: (1) In respect of count 1, a special verdict of act proven but not criminally responsible is to be entered. (2) In respect of the charge on the certificate under s 166 of the Criminal Procedure Act 1986 (NSW), a special verdict of act proven but not criminally responsible is to be entered. (3) Pursuant to s 61(2) and s 33(1)(b) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), Jiman Yeon is to be detained in his present place of custody, or at such other place as is lawfully determined, until such time as he is released by due process of law. (4) Pursuant to s 67 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), Jiman Yeon is referred to the Mental Health Review Tribunal. The Court directs that: (1) The Registrar of the Court is to notify the Minister for Health and the Mental Health Review Tribunal of these verdicts and orders within 7 days. (2) The Registrar of the Court is to notify Justice Health of these verdicts and orders and provide a copy of the judgment and orders together with each of the reports of Dr Ellis and Dr O'Dea to Justice Health within 7 days. Catchwords: MENTAL HEALTH – criminal proceedings – defence of mental health impairment – accused unfit to stand trial – whether accused had a mental health impairment at time of carrying out the act – whether the mental health impairment had the effect that accused did not know the nature and quality of the act and that the act was wrong – requirements of s 28(1) and (2) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) met – defence of mental health impairment made out Legislation Cited: Criminal Procedure Act 1986 (NSW), s 166 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 4(2), 28(1) and (2), 36, 53, 54, 55, 56, 58(1), 59(1) Cases Cited: Da-Pra v R; R v Da-Pra [2014] NSWCCA 211 R v Minani (2005) 63 NSWLR 490; [2005] NSWCCA 226 R v Siemek (No. 1) [2021] NSWSC 1292 R v Yeon [2024] NSWSC 360 The King v Porter (1933) 55 CLR 182; [1933] HCA 1 Hawkins v The Queen (1994) 179 CLR 500; [1994] HCA 28 Category: Principal judgment Parties: Rex (Crown) Jiman Yeon (Accused) Representation: Counsel: D Patch (Crown) M Avenell SC with A Burkitt (Accused)