R v Fineanganafo (No 1) [2024] NSWSC 1400

Supreme Court New South Wales

Medium Neutral Citation: R v Fineanganafo (No 1) [2024] NSWSC 1400 Hearing dates: 4 November 2024 Date of orders: 8 November 2024 Decision date: 08 November 2024 Jurisdiction: Common Law - Criminal Before: Davies J Decision: In relation to each count on the indictment, I return a special verdict of act proven but not criminally responsible. Catchwords: MENTAL HEALTH – criminal proceedings – defence of mental illness – where the accused was charged with six offences, including the murder of Steven Tougher - where the parties agreed that the proposed evidence established a defence of mental health impairment –– enquiry under s 31 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 - whether the proposed evidence established a defence of mental health impairment – where there was no doubt the accused committed the physical acts – where two psychiatrists agreed that the accused suffered from a mental health impairment, namely schizophrenia – where both experts agreed that the accused did not know that this acts were wrong – where there was nothing to cast doubt on the opinions of the psychiat-rists – accepted that the accused suffered from a mental health impairment and that as a result he did not know that his acts were wrong – special verdict of act proven but not criminally responsible returned Legislation Cited: Crimes Act 1900 (NSW) ss 18, 23A, 33B, 117, 195 Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 13 Evidence Act 1995 (NSW) s 191 Mental Health Act 2007 (NSW) s 14 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) ss 4, 14, 28, 31, 33, 34 Cases Cited: Da-Pra v R; R v Da-Pra [2014] NSWCCA 211 R v Iusi Afele [2014] NSWSC 366 R v Jackson [2021] NSWSC 1404 R v Siemek (No. 1) [2021] NSWSC 1292 Texts Cited: Nil Category: Principal judgment Parties: Crown Jordan James Fineanganofo (Accused) Representation: Counsel: K McKay SC & B Allison (Crown) A Karim (Accused)