Supreme Court
New South Wales
Medium Neutral Citation: R v Degei [2021] NSWSC 45 Hearing dates: 3 February 2021 Date of orders: 05 February 2021 Decision date: 05 February 2021 Jurisdiction: Common Law Before: Hidden AJ Decision: (1) As to the offence of murder charged in the indictment, the accused is found not guilty by reason of mental illness.
(2) As to each of the charges, sequences 2 to 5 in the s 166 certificate, the accused is not guilty by reason of mental illness.
(3) Pursuant to s 39 of the Mental Health (Forensic Provisions) Act 1990, the accused is to be detained at a correctional facility or at such other place as may be determined from time to time by the Mental Health Review Tribunal, until released by due process of law.
(4) The Registrar is to notify the Minister for Health, as soon as practicable, of the making of these orders.
(5) The Registrar is to notify the Mental Health Review Tribunal and Justice Health and Forensic Mental Health Network of these orders, and to provide to the Tribunal the following documentation:
(a) a copy of this judgment and the orders;
(b) the transcript of the trial; and
(c) the medical reports of Dr Furst dated 4 February 2019, and Professor Greenberg dated 23 February 2020 and 27 January 2021.
Catchwords: CRIMINAL LAW – murder – related offences on s 166 certificate – defence of mental illness – found not guilty of all offences by reason of mental illness
Legislation Cited: Criminal Procedure Act 1986 (NSW), s 166
Mental Health (Forensic Provisions) Act 1990 (NSW), ss 16, 19, 22(1)(b), 38, 39
Cases Cited: Hawkins v The Queen (1994) 179 CLR 500
Category: Principal judgment Parties: Regina (Crown)
Imaueli Jone Degei (Defendant)Representation: Counsel:
Solicitors:
A Isaacs (Crown)
P David (Defendant)
Office of the Director of Public Prosecutions (Crown)
Aquila Lawyers (Defendant)
File Number(s): 2018/261828 Publication restriction: Nil
JUDGMENT
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The accused, Imaueli Jone Degei, is charged with the murder of Kristina Kalnic at Carramar on 25 August 2018.
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Because of mental illness he is unfit to stand trial. Following the appropriate procedures under the Mental Health (Forensic Provisions) Act 1990 (NSW), he is before me, sitting without a jury, in a special hearing under s 19 of that Act. As will be seen, the only issue is whether he should be found not guilty by reason of mental illness, a verdict available at a special hearing by s 22(1)(b) of the Act.
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The evidence is before me in documentary form in a Crown court book. Included in that book are the statements of a number of witnesses and reports by two respected forensic psychiatrists. The evidence relating to the fatal incident is succinctly, but adequately, summarised in a Crown case statement. The accused is also charged with some lesser offences…
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- AGLC
- R v Degei [2021] NSWSC 45
- Case
- [2021] NSWSC 45
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether Degei was suffering from a mental illness at the time of the offences, and if so, whether this illness absolved him of criminal responsibility. The court needed to consider the evidence provided by medical experts, the submissions from both the prosecution and the defence, and the relevant statutory provisions. The court had to ascertain whether Degei's mental illness was such that it rendered him incapable of understanding the nature and quality of the act or that it rendered the act wrong.
The court found that Degei was suffering from a mental illness that affected his ability to understand the nature and quality of the act or that it rendered the act wrong. The medical evidence provided indicated that Degei was experiencing a severe mental disorder that impaired his capacity to form the requisite criminal intent. The court accepted that Degei's mental illness was a significant mitigating factor and found him not guilty of all offences by reason of mental illness. The court ordered that Degei be detained in a mental health facility for treatment and care.
Orders
Orders of the court
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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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