Supreme Court
New South Wales
Medium Neutral Citation: R v Fineanganafo (No 1) [2024] NSWSC 1400 Hearing dates: 4 November 2024 Date of orders: 8 November 2024 Decision date: 08 November 2024 Jurisdiction: Common Law - Criminal Before: Davies J Decision: In relation to each count on the indictment, I return a special verdict of act proven but not criminally responsible.
Catchwords: MENTAL HEALTH – criminal proceedings – defence of mental illness – where the accused was charged with six offences, including the murder of Steven Tougher - where the parties agreed that the proposed evidence established a defence of mental health impairment –– enquiry under s 31 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 - whether the proposed evidence established a defence of mental health impairment – where there was no doubt the accused committed the physical acts – where two psychiatrists agreed that the accused suffered from a mental health impairment, namely schizophrenia – where both experts agreed that the accused did not know that this acts were wrong – where there was nothing to cast doubt on the opinions of the psychiat-rists – accepted that the accused suffered from a mental health impairment and that as a result he did not know that his acts were wrong – special verdict of act proven but not criminally responsible returned
Legislation Cited: Crimes Act 1900 (NSW) ss 18, 23A, 33B, 117, 195
Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 13
Evidence Act 1995 (NSW) s 191
Mental Health Act 2007 (NSW) s 14
Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) ss 4, 14, 28, 31, 33, 34
Cases Cited: Da-Pra v R; R v Da-Pra [2014] NSWCCA 211
R v Iusi Afele [2014] NSWSC 366
R v Jackson [2021] NSWSC 1404
R v Siemek (No. 1) [2021] NSWSC 1292
Texts Cited: Nil
Category: Principal judgment Parties: Crown
Jordan James Fineanganofo (Accused)Representation: Counsel:
Solicitors:
K McKay SC & B Allison (Crown)
A Karim (Accused)
Office of the Director of Public Prosecutions (Crown)
Sydney Criminal Law Specialists (Accused)
File Number(s): 2023/120648 Publication restriction: Nil
JUDGMENT
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The accused is charged with six offences committed on 13 and 14 April 2023. The offences charged are these:
That the accused Jordan James Fineanganofo:
Count 1: on 13 April 2023, at Campbelltown intimidated Lavinia Simpson with the intention of causing her to fear physical harm contrary to s 13(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW).
Count 2: on 13 April 2023, at Campbelltown intentionally damaged a Mitsubishi Eclipse Cross, NSW registration CY80NH, the property of Jamie Howe contrary to s 195(1)(a) of the Crimes Act 1900 (NSW).
Count 3: on 14 April 2023, at Ingleburn used an offensive weapon with intent to commit an indictable offence namely intimidation contrary to s 33B(1)(a) of the Crimes Act 1900.
Count 4: on 14 April 2023, at Ingleburn stole a Billabong branded cooler bag containing three two-way radios, the property of Phillip Appleyard contrary…
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- Case
- [2024] NSWSC 1400
- Decision Date
CaseChat Overview and Summary
The primary legal issue for the court to decide was whether the evidence presented by the defence established that the accused suffered from a mental health impairment at the time of the offences, and if so, whether this impairment negated his criminal responsibility. The court had to consider the medical evidence provided by two psychiatrists who agreed that the accused suffered from schizophrenia and that this condition impaired his ability to know that his actions were wrong. The court also needed to determine whether the accused's knowledge of the wrongfulness of his actions was sufficiently impaired by his mental health condition to negate his criminal responsibility.
In determining the matter, the court accepted the unchallenged expert evidence that the accused was suffering from schizophrenia at the time of the offences. Both psychiatrists concurred that this condition impaired the accused's ability to understand that his actions were wrong. The court found that there was no evidence to contradict the psychiatrists' opinions and accepted that the accused did indeed suffer from a mental health impairment. Consequently, the court concluded that the accused did not know that his actions were wrong due to his mental health impairment. As a result, the court returned a special verdict of act proven but not criminally responsible.
The court's final orders included a special verdict acknowledging that the accused committed the physical acts charged, but found him not criminally responsible due to his mental health impairment. The court determined that the accused was not guilty by reason of mental health impairment, leading to a disposal that recognised the need for appropriate treatment and management of the accused's mental health condition.
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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