R v Barker

Case [2014] ACTSC 374

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Daniel James Barker

Citation:

[2014] ACTSC 374

Hearing Date(s):

8 December 2014, 10 December 2014

DecisionDate:

11 December 2014

Before:

Refshauge J

Decision:

1.     Daniel James Barker is not guilty, by reason of mental impairment, of the charge of forcible confinement on Phillip Barker on 19 May 2013. 

2.     Daniel James Barker is not guilty, by reason of mental impairment, of the charge of intentionally wounding Phillip Barker on 19 May 2013. 

3.     Daniel James Barker is not guilty, by reason of mental impairment, of the charge of threatening to kill Phillip Leslie Barker, intending Phillip Leslie Barker to fear that the threat would be carried out, or being reckless whether or not Phillip Leslie Barker would fear that the threat would be carried out, so the threat was made without lawful excuse and in circumstances in which a reasonable person would fear that the threat would be carried out.

4.     The charge that Daniel James Barker assaulted Phillip Lesley Barker on 19 May 2013 be dismissed. 

5.     Daniel James Barker is not guilty, by reason of mental impairment, of the charge of assaulting Deep Singh Gandhi on 19 May 2013. 

6.     Daniel James Barker is not guilty, by reason of mental impairment, of the charge of having on his person an offensive weapon, namely, a large black handled kitchen knife, in circumstances which indicated an intent to use the said weapon to commit and offence involving actual and threatened violence.

7.     Daniel James Barker is not guilty, by reason of mental impairment, of the charge of assaulting Phillip Lesley Barker on 19 May 2013. 

8.     Daniel James Barker is not guilty, by reason of mental impairment, of the charge of assaulting Phillip Lesley Barker on 19 May 2013. 

9.     Daniel James Barker is not guilty, by reason of mental impairment, of the charge of assaulting Phillip Lesley Barker on 19 May 2013. 

10.   Daniel James Barker is not guilty, by reason of mental impairment, of the charge of assaulting Phillip Lesley Barker on 19 May 2013. 

11. Had Daniel James Barker been sentenced for the offences for which he has been found not guilty by reason of mental impairment a total sentence of eighteen months’ imprisonment would have been imposed, taking into account two hundred and fifty-one days in custody, including under s 309 of the Crimes Act 1900 (Act) at the Adult Mental Health Unit, and ninety-three days in the Brian Hennessy Rehabilitation Centre.

12.   Daniel James Barker be detained in custody until the ACT Civil and Administrative Tribunal otherwise orders. 

Category:

Principal Judgment

Catchwords:

CRIMINAL LAW – Defences – Not guilty by reason of mental impairment

Legislation Cited:

Crimes Act 1900 (ACT), ss 21, 26, 30, 34, 300, 302, 303, 308, 309, 316, 321, 323, 324, 334
Criminal Code 2002 (ACT), ss 18, 28
Criminal Code 1970 (Can), s 247
Criminal Code 1985 (Can), s 279
Evidence Act 2011 (ACT), ss 184, 190
Legislation Act

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Details
AGLC
R v Barker [2014] ACTSC 374
Case
[2014] ACTSC 374
Decision Date

CaseChat Overview and Summary

Daniel James Barker was the appellant in a case before the Supreme Court of the Australian Capital Territory, which considered whether Barker was guilty of multiple charges relating to his confinement, assault, and threats towards Phillip Barker and others. The appellant was also charged with possession of an offensive weapon. Barker raised a plea of not guilty by reason of mental impairment, which the court had to assess. The court was required to determine if Barker's mental impairment at the time of the alleged offences negated his criminal responsibility.

The court evaluated the evidence presented concerning Barker's mental health, including expert psychiatric opinions and witness testimonies. It was established that Barker suffered from severe mental illness, which impaired his ability to understand the nature and quality of his acts or to know that they were wrong. The court found that Barker's mental state at the time of the offences met the criteria for the defence of not guilty by reason of mental impairment. As such, the court accepted the defence and found Barker not guilty of all charges.

Given the findings, the court ordered that Barker be detained in custody until further order by the ACT Civil and Administrative Tribunal. The court also noted that if Barker had been sentenced for the offences, the total sentence would have been eighteen months' imprisonment, taking into account the time already served. The court's decision emphasised the importance of mental health considerations in criminal proceedings and the application of the defence of mental impairment.

Orders

Orders of the court

1. Daniel James Barker is not guilty, by reason of mental impairment, of the charge of forcible confinement on Phillip Barker on 19 May 2013.

2. Daniel James Barker is not guilty, by reason of mental impairment, of the charge of intentionally wounding Phillip Barker on 19 May 2013.

3. Daniel James Barker is not guilty, by reason of mental impairment, of the charge of threatening to kill Phillip Leslie Barker, intending Phillip Leslie Barker to fear that the threat would be carried out, or being reckless whether or not Phillip Leslie Barker would fear that the threat would be carried out, so the threat was made without lawful excuse and in circumstances in which a reasonable person would fear that the threat would be carried out.

4. The charge that Daniel James Barker assaulted Phillip Lesley Barker on 19 May 2013 be dismissed.

5. Daniel James Barker is not guilty, by reason of mental impairment, of the charge of assaulting Deep Singh Gandhi on 19 May 2013.

6. Daniel James Barker is not guilty, by reason of mental impairment, of the charge of having on his person an offensive weapon, namely, a large black handled kitchen knife, in circumstances which indicated an intent to use the said weapon to commit and offence involving actual and threatened violence.

7. Daniel James Barker is not guilty, by reason of mental impairment, of the charge of assaulting Phillip Lesley Barker on 19 May 2013.

8. Daniel James Barker is not guilty, by reason of mental impairment, of the charge of assaulting Phillip Lesley Barker on 19 May 2013.

9. Daniel James Barker is not guilty, by reason of mental impairment, of the charge of assaulting Phillip Lesley Barker on 19 May 2013.

10. Daniel James Barker is not guilty, by reason of mental impairment, of the charge of assaulting Phillip Lesley Barker on 19 May 2013.

11. Had Daniel James Barker been sentenced for the offences for which he has been found not guilty by reason of mental impairment a total sentence of eighteen months’ imprisonment would have been imposed, taking into account two hundred and fifty-one days in custody, including under s 309 of the Crimes Act 1900 (Act) at the Adult Mental Health Unit, and ninety-three days in the Brian Hennessy Rehabilitation Centre.

12. Daniel James Barker be detained in custody until the ACT Civil and Administrative Tribunal otherwise orders.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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