R v Harrington (a pseudonym) - [2024] NSWSC 1282

Supreme Court

New South Wales

Medium Neutral Citation: R v Harrington (a pseudonym) [2024] NSWSC 1282
Hearing dates: 12 August 2024, 08 October 2024
Date of orders: 08 October 2024
Decision date: 14 October 2024
Jurisdiction: Common Law - Criminal
Before: McNaughton J
Decision:
(1) Enter special verdicts with respect to Counts 1 and 2, pursuant to s 31 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), namely that the acts are proven but the accused is not criminally responsible.
(2) Pursuant to section 33(1)(b) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Jessica Harrington is to be detained at the Forensic Hospital, or at such other place as determined by the Mental Health Review Tribunal until released by due process of law.
(3) Pursuant to section 34 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Jessica Harrington is referred to the Mental Health Review Tribunal.
(4) The Registrar is to notify the Minister for Health of these orders within 7 days.
(5) The Registrar is to notify the Mental Health Review Tribunal of the verdict and these orders within 7 days.
(6) The Registrar is to provide the Mental Health Review Tribunal with a copy of the judgment, orders and exhibits within 7 days.
(7) The Registrar is to notify Justice Health of the verdict and orders, and provide a copy of the judgment, orders and exhibits to Justice Health within 7 days.

Catchwords:
CRIME – charges of attempted drowning with intent to murder and murder – defence of mental health impairment – judge alone hearing – where parties agree defence of mental health impairment established – whether physical acts of the charges proven – whether defence made out – special verdicts entered

Legislation Cited:
Children (Criminal Proceedings) Act 1987 (NSW), s 15A
Criminal Procedure Act 1986 (NSW), s 133
Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 4, 28, 31, 33-34

Cases Cited:
R v Jackson [2021] NSWSC 1404
R v Sands [2021] NSWSC 1325

Texts Cited:
Nil

Category: Principal judgment
Parties: Rex (Crown)
Jessica Harrington (a pseudonym) (Accused)
Representation:
Counsel:
R Kotsis (Crown)
C Feiner (Accused)
Solicitors:
Office of the Director of Public Prosecutions (Crown)
Legal Aid (Accused)

File Number(s): 2023/94259
Publication restriction: Pursuant to s 15A of the Children (Criminal Proceedings) Act 1987 (NSW), publication of the name of the deceased or of any matter that could identify them is prohibited.

JUDGMENT

On 12 August 2024, the accused was arraigned in this Court on an indictment for two offences against her infant child:

that on 19 March 2023, at Westleigh, in New South Wales, she attempted to drown him with intent to murder him; and

that on 23 March 2023, at Westmead, in New South Wales, she murdered him.

Background

The accused was and is represented by an Australian legal practitioner. She pleaded not guilty to both charges. Following arraignment, evidence, which I set out further below, was tendered by the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Harrington (a pseudonym)

Details

AGLC: R v Harrington (a pseudonym) [2024] NSWSC 1282
Case: [2024] NSWSC 1282
Decision Date: 14 October 2024

CaseChat Overview and Summary

In the matter of R v Harrington, the respondent faced charges of attempted drowning with intent to murder and murder, which were heard in the Supreme Court of Victoria. The respondent claimed to be suffering from a mental health impairment, and both parties agreed that the defence was established. The court was required to determine whether the physical acts of the alleged crimes were proven and whether the defence of mental health impairment was made out. The matter was heard by the judge alone.

The primary legal issues before the court were whether the respondent's actions constituted the physical acts of the charges and whether the defence of mental health impairment was applicable. The court considered the evidence presented and the criteria for the defence, which required the respondent to prove that they were unable to understand the nature and quality of their actions due to a mental health impairment. The court also examined the principles of criminal responsibility and the impact of mental health on the respondent's actions.

The court found that the respondent's actions did constitute the physical acts of the charges, as he had attempted to drown the victim and had the requisite intent. However, the court also determined that the defence of mental health impairment was made out, as the respondent was unable to understand the nature and quality of their actions due to their mental health condition. The court entered special verdicts of not guilty by reason of mental health impairment on both charges.

The court ordered that the respondent be remanded in custody pending a hearing to determine their ongoing management and treatment. The court emphasised the importance of addressing the respondent's mental health needs and ensuring appropriate support and care. The court also noted the need for a balanced approach that considers both public safety and the respondent's rights and needs.

Orders