R v Jackson

Case [2021] ACTSC 120


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Jackson

Citation:

[2021] ACTSC 120

Hearing Dates:

7 – 10 June 2021

DecisionDate:

10 June 2021

Before:

Mossop J

Decision:

See [154]

Catchwords:

CRIMINAL LAW – TRIAL BY JUDGE ALONE – Arson – whether fault element of recklessness must be established where accused has a mental impairment – special verdict – not guilty by reason of mental impairment – whether offence is a serious offence – serious offence not established – offence to be dealt with under s 323 of the Crimes Act 1900 (ACT)

Legislation Cited:

Crimes Act1900 (ACT), ss 300, 321, 322, 323, 324

Criminal Code 2002 (ACT), ss 20, 27, 28, 29, 404(1)
Evidence Act 2011 (ACT), ss 165, 191
Mental Health Act 2015 (ACT), s 180

Supreme Court Act 1933 (ACT), ss 68B, 68C

Texts Cited:

Explanatory Memorandum, Crimes (Amendment) Bill 1994

Jeremy Gans, Modern Criminal Law of Australia (Cambridge University Press, 2nd ed, 2017)

Stephen Odgers, Principles of Federal Criminal Law (Lawbook Co, 4th ed, 2019)

Cases Cited:

Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Constitution Place Case) [2020] FCA 1070; 299 IR 231

K Generation Pty Ltd v Liquor Licencing Court [2009] HCA 4; 237 CLR 501
Lee v NSW Crime Commission [2013] HCA 39; 251 CLR 196
North Australian Aboriginal Justice Agency Ltd v Northern Territory [2015] HCA 41; 256 CLR 569
Plaintiff S157/2002 v Commonwealth [2003] HCA 2; 211 CLR 476
R v Aleer [2016] ACTSC 75
R v Butcher (1986) VR 43
R v Cross [2017] ACTSC 91; 319 FLR 288
R v Falconer (1990) 171 CLR 30
R v Home Secretary; Ex parte Simms [2000] 2 AC 115
R v Hueston (1995) 5 Tas R 210
R v Mulcahy [2010] ACTSC 98
R v Pahl [2017] ACTSC 68; 266 A Crim R 41
R v Sidaros (No 5) [2020] ACTSC 354
R v Singsathitsuk [2021] ACTSC 26

R v Smith [2012] ACTSC 146; 269 FLR 233

Parties:

The Queen ( Crown)

Kelly Jackson ( Accused)

Representation:

Counsel

S Naidu ( Crown)

K Ginges ( Accused)

Solicitors

ACT Director of Public Prosecutions ( Crown)

McKenna Taylor ( Accused)

File Numbers:

SCC 97 of 2020

SCC 98 of 2020

MOSSOP J:

Introduction

  1. The accused, Kelly Jackson, has been charged with one count of arson contrary to s 404(1) of the Criminal Code 2002 (ACT).

  1. The position of the accused was that she contested whether the Crown could prove the elements of the offence beyond reasonable doubt. If it did, then she wished to contend that she was not guilty by reason of mental impairment under s 28 of the Criminal Code. The Crown indicated that it would agree, for the purposes of s 321 of the Crimes Act1900 (ACT), to the entry of a verdict of not guilty by reason of mental impairment.

Section 321 does not apply in this…

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R v Jackson [2021] ACTSC 120
Case
[2021] ACTSC 120
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CaseChat Overview and Summary

The case of R v Jackson involved an appeal against a decision of Mossop J in the Supreme Court of the Australian Capital Territory. Kelly Jackson had been charged with one count of arson contrary to s 404(1) of the Criminal Code 2002 (ACT). The accused contested whether the Crown could prove the elements of the offence beyond reasonable doubt. If it did, then she wished to contend that she was not guilty by reason of mental impairment under s 28 of the Criminal Code. The Crown indicated that it would agree, for the purposes of s 321 of the Crimes Act 1900 (ACT), to the entry of a verdict of not guilty by reason of mental impairment. Mossop J found that the accused lit a fire and did so intentionally. He also found that the lighting of the fire caused damage to the building by fire. Finally, he found that the accused was reckless about causing the damage to the building. The court found that the accused was suffering from a mental impairment that had one or more of the effects set out in s 28(1) of the Criminal Code. The court found that the appropriate verdict was the special verdict of not guilty by reason of mental impairment. The court found that the offence of arson in the present case was a non-serious offence. The court found that the relevant provision in relation to orders following the special verdict was s 323 of the Crimes Act 1900 (ACT). The order of the Court was that on the charge of arson a verdict of not guilty because of mental impairment was to be entered.

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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