R v Knights - [2020] NSWDC 225

District Court

New South Wales

Medium Neutral Citation: R v Knights [2020] NSWDC 225
Hearing dates: 21 January 2020 - 22 January 2020
Date of orders: 22 January 2020
Decision date: 22 January 2020
Jurisdiction: Criminal
Before: Judge W Hunt
Decision:
Mr Knights is not guilty by reason of his mental illness.
I am satisfied that Mr Knights suffered from a disease of the mind that excuses him from criminal liability. In relation to Count 1 I make a special verdict pursuant to s28 of the Mental Health (Forensic Provisions) Act.
Possess prohibited weapon – the offender is sentenced under s10A Crimes (Sentencing Procedure) Act – convicted with no further penalty

Catchwords: CRIMINAL LAW – Judgment – Judge alone trial - Endeavour to solicit murder – Persuade a person or persons unknown to murder a New South Wales police officer - Ongoing negative agenda in relation to the New South Wales Police and other justice officials - Criminal responsibility – Actus reus – Mental element - Mental Illness – Reliance on the mental illness defence. – Possess “bullet proof” vest
Legislation Cited: Crimes Act, 1900
Crimes (Sentencing Procedure) Act, 1995
Criminal Procedure Act, 1986
Mental Health (Criminal Procedure) Act, 1990
Weapons Prohibition Act, 1998
Cases Cited: Hawkins v R [1994] HCA 28; (1994) 179 CLR 500; (1994) 122 ALR 27; (1994) 68 ALJR 572; (1994) 72 A Crim R 288 (29 June 1994)
R v Azari (No 1) [2017] NSWSC 404
R v Issa (unreported ) NSWSC 25 October 1995
Category: Principal judgment
Parties: The Crown
Keith Knights
Representation:
Counsel:
C McPherson – the Crown
J Watts – the Offender
Solicitors:
Director of Public Prosecutions
Legal Aid Commission

File Number(s): 2017/368317

Judgment

HIS HONOUR: Keith Charles Knights was arraigned before me when I was sitting at Lismore District Court on 10 October 2019 in relation to an indictment consisting of three counts. He pleaded not guilty to counts 1 and 2 and guilty to count 3. Count 1 averred that in breach of s 26 of the Crimes Act, 1900 that on 29 November 2017 at Eden Creek in the State of New South Wales he did solicit, encourage, persuade or endeavour to persuade a person or persons unknown to murder a New South Wales police officer in breach of s 26 of the Crimes Act. In the alternative, count 2 averred that on the same date and at the same place he intentionally or recklessly caused to be received by a person unnamed a document threatening to kill a person namely, a New South Wales police officer, the said Keith Charles Knights, knowing the contents of that document in breach of s 31 (1) of the Crimes Act. Count 3 averred that at the same date and place he did possess a prohibited weapon without being authorised to do so by permit.
The parties consented to the Court making an order for trial by judge alone pursuant to s 132 (2) of the Criminal Procedure…

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 Knights

Details

AGLC: R v Knights [2020] NSWDC 225
Case: [2020] NSWDC 225
Decision Date: 22 January 2020

CaseChat Overview and Summary

In the case of R v Knights, the defendant was on trial for attempting to solicit the murder of a New South Wales police officer. The case was heard by a single judge in the Supreme Court of New South Wales. The defendant, Mr Knights, sought to rely on the defence of mental illness, arguing that his actions were a result of his psychiatric condition.

The court had to determine whether Mr Knights was criminally responsible for the offence and whether he could rely on his mental illness as a defence. The legal issues included whether Mr Knights had the requisite mens rea for the offence of solicitation to murder, and whether he suffered from a disease of the mind that excused him from criminal liability. The court also had to consider the nature of Mr Knights' mental illness and its impact on his criminal responsibility.

The court found that Mr Knights did not have the requisite mens rea for the offence of solicitation to murder, as his actions were driven by his psychiatric condition. The court accepted expert evidence that Mr Knights suffered from a delusional disorder, which significantly impaired his ability to understand the wrongfulness of his actions. The court concluded that Mr Knights' mental illness excused him from criminal liability for the offence of solicitation to murder. However, the court found Mr Knights guilty of possessing a prohibited weapon, a "bullet proof" vest, and sentenced him accordingly.

The final orders of the court were that Mr Knights was not guilty by reason of his mental illness in relation to the offence of solicitation to murder. The court made a special verdict pursuant to section 28 of the Mental Health (Forensic Provisions) Act, finding Mr Knights not guilty by reason of his mental illness. In relation to the possession of the prohibited weapon, the court convicted Mr Knights and sentenced him under section 10A of the Crimes (Sentencing Procedure) Act, with no further penalty.

Orders

Orders of the court

Mr Knights is not guilty by reason of his mental illness.

I am satisfied that Mr Knights suffered from a disease of the mind that excuses him from criminal liability. In relation to Count 1 I make a special verdict pursuant to s28 of the Mental Health (Forensic Provisions) Act.

Possess prohibited weapon – the offender is sentenced under s10A Crimes (Sentencing Procedure) Act – convicted with no further penalty

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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Medium Neutral Citation:	R v Knights [2020] NSWDC 225
Hearing dates:	21 January 2020 - 22 January 2020
Date of orders:	22 January 2020
Decision date:	22 January 2020
Jurisdiction:	Criminal
Before:	Judge W Hunt
Decision:	Mr Knights is not guilty by reason of his mental illness. I am satisfied that Mr Knights suffered from a disease of the mind that excuses him from criminal liability. In relation to Count 1 I make a special verdict pursuant to s28 of the Mental Health (Forensic Provisions) Act. Possess prohibited weapon – the offender is sentenced under s10A Crimes (Sentencing Procedure) Act – convicted with no further penalty
Catchwords:	CRIMINAL LAW – Judgment – Judge alone trial - Endeavour to solicit murder – Persuade a person or persons unknown to murder a New South Wales police officer - Ongoing negative agenda in relation to the New South Wales Police and other justice officials - Criminal responsibility – Actus reus – Mental element - Mental Illness – Reliance on the mental illness defence. – Possess “bullet proof” vest
Legislation Cited:	Crimes Act, 1900 Crimes (Sentencing Procedure) Act, 1995 Criminal Procedure Act, 1986 Mental Health (Criminal Procedure) Act, 1990 Weapons Prohibition Act, 1998
Cases Cited:	Hawkins v R [1994] HCA 28; (1994) 179 CLR 500; (1994) 122 ALR 27; (1994) 68 ALJR 572; (1994) 72 A Crim R 288 (29 June 1994) R v Azari (No 1) [2017] NSWSC 404 R v Issa (unreported ) NSWSC 25 October 1995
Category:	Principal judgment
Parties:	The Crown Keith Knights
Representation:	Counsel: C McPherson – the Crown J Watts – the Offender Solicitors: Director of Public Prosecutions Legal Aid Commission
File Number(s):	2017/368317