R v CJ [2013] NSWDC 40

District Court New South Wales

Medium Neutral Citation: R v CJ [2013] NSWDC 40 Hearing dates: 25,26,27 February, 4,5, March 2013 Decision date: 14 March 2013 Jurisdiction: Civil Before: Judge Williams Decision: Not Guilty on the grounds of mental illness Catchwords: Judge alone trial - 21 sexual offences by a female offender against juveniles - mental illness - facts not disputed - issue of bipolar disorder - issue of wrongness - competing psychiatric opinions - relevance of DSM IV Legislation Cited: Mental Health (Forensic Provisions) Act Civil Liability Act Crimes Act Cases Cited: R v M'Naghten (1833) 8 ER 718 R v Radford (1985) 42 SASR 266 R v Fernando [2011] NSWSC 1556 R v Jennings [2005] NSWSC 789 R v Porter (1936) 55 CLR 182 Sodeman v R [1936] 55 CLR 192 R v Weeks [1993] 66 A Crim R 466 Willgoss v R (1960) 105 CLR 295 R v Codere (1916) Cr App R 21 R v Hodges (1985) 19 A Crim R 129 Texts Cited: Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association (DSM IV), Crime and Mental Health Law in NSW Howard & Westmore NSW Criminal Trial Courts Bench Book Category: Principal judgment Parties: Director of Public Prosecutions CJ Representation: DPP: Ms S Herbert , Def: Mr R Cavanaugh

Solicitor for Public Prosecutions Baker & Borthwick, Tuncurry File Number(s): 2010/17430 2010/00017810 Publication restriction: A non-publication order applies to anything that might identify any complainant or other young person or the school from which they came.