R v Jackson

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.