Director of Public Prosecutions v Kakar

The defendant, Kakar, faced charges of murder and attempted murder, which were heard in the Supreme Court of the Australian Capital Territory. Kakar pled not guilty by reason of mental impairment, a defence that hinges on the accused's state of mind at the time of the offence. The prosecution consented to a special verdict being entered, acknowledging the defendant's mental impairment but not his insanity. The court was tasked with determining whether the procedure under section 321(2) of the Crimes Act 1900 (ACT) constituted a 'trial', assessing the defendant's mental condition under section 28 of the Criminal Code 2002 (ACT), and deciding if detention was appropriate under the Mental Health Act 2015. The court also needed to decide whether the defendant's mental impairment should be considered in setting the nominated term of imprisonment.

The court held that the procedure under section 321(2) did not constitute a 'trial' in the traditional sense, as it did not involve the same adversarial process as a full trial. However, it did involve a judicial assessment of the defendant's mental state, which was akin to a trial in some respects. Regarding the defendant's mental impairment, the court found that Kakar suffered from schizophrenia, which met the criteria for not guilty by reason of mental impairment. The court also found that detention was appropriate under the Mental Health Act 2015, as Kakar posed a significant risk to public safety. In determining the nominated terms, the court considered Kakar's mental impairment, imposing sentences that were less severe than if he had been found fully responsible for his actions.

The final orders of the court included entering special verdicts of not guilty by reason of mental impairment for the charges of murder and attempted murder. Kakar was to be detained in custody for immediate review by the Australian Capital Territory Administrative Tribunal under the Mental Health Act 2015. The court imposed nominated terms of imprisonment, which were set at 25 years for the murder charge and 15 years each for the two attempted murder charges. These terms were to begin on specific dates and expire on others, taking into account the defendant's mental impairment.