McDiarmid v The King - [2023] NSWCCA 322

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Court of Criminal Appeal

Supreme Court

New South Wales

Medium Neutral Citation: Decision restricted [2023] NSWCCA 322
Decision date: 13 December 2023
Before: Harrison CJ at CL at [1];
Wilson J at [50];
Ierace J at [51]
Catchwords:
CRIME – appeals – appeal against a special verdict of act proven but not criminally responsible – where trial judge considered accused presented unusually on complainant’s account of acts charged, on body worn police camera and in court – where accused expressly and repeatedly disavowed potential mental health defence – where both accused and Crown opposed to special verdict at trial – where accused gave evidence of historical brain injury – where no expert evidence about effect of any potential impairment on accused’s brain and cognitive functioning – where special verdict entered

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Decision last updated: 06 June 2024

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McDiarmid v The King [2023] NSWCCA 322

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Medium Neutral Citation:	Decision restricted [2023] NSWCCA 322
Decision date:	13 December 2023
Before:	Harrison CJ at CL at [1]; Wilson J at [50]; Ierace J at [51]
Catchwords:	CRIME – appeals – appeal against a special verdict of act proven but not criminally responsible – where trial judge considered accused presented unusually on complainant’s account of acts charged, on body worn police camera and in court – where accused expressly and repeatedly disavowed potential mental health defence – where both accused and Crown opposed to special verdict at trial – where accused gave evidence of historical brain injury – where no expert evidence about effect of any potential impairment on accused’s brain and cognitive functioning – where special verdict entered