R v Lailna - [2023] NSWSC 48

Supreme Court

New South Wales

Medium Neutral Citation: R v Lailna [2023] NSWSC 48
Hearing dates: 6 and 7 February 2023
Date of orders: 7 February 2023
Decision date: 07 February 2023
Jurisdiction: Common Law
Before: Chen J
Decision:
(1) A special verdict be entered, pursuant to s 31 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), namely that the act is proven but the accused is not criminally responsible.
(2) That pursuant to ss 33 and 34 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), Baltej Singh Lailna is to be detained in a correctional facility or at such other place as determined by the Mental Health Review Tribunal, until released by due process of law.
(3) That the Registrar notify the Minister for Health of these orders within 7 days.
(4) That the Registrar notify the Mental Health Review Tribunal of the verdict and these orders within 7 days.
(5) That the Registrar provide the Mental Health Review Tribunal with a copy of the judgment, orders and exhibits within 7 days.
(6) That the Registrar notify Justice Health of the verdict and orders, and provide a copy of the judgment, orders and exhibits to Justice Health within 7 days.
(7) Direct that a copy of the victim impact statement of Mr Jaspreet Singh be provided to the Mental Health Review Tribunal pursuant to s 30N(4) of the Crimes (Sentencing Procedure) Act 1999 (NSW) within 7 days.

Catchwords:
CRIME – judge alone trial – murder – defence of mental health impairment – special verdict where prosecutor and defence agree that defence available under s 31 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) – Court satisfied that defence of mental health impairment established – special verdict entered

Legislation Cited:
Criminal Procedure Act 1986 (NSW)
Evidence Act 1995 (NSW)
Mental Health (Forensic Provisions) Act 1990 (NSW)
Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW)

Cases Cited:
R v Lailna [2021] NSWSC 1205
R v Jackson [2021] NSWSC 1404
R v Sands [2021] NSWSC 1325
R v Siemek (No.1) [2021] NSWSC 1292
R v Tonga [2021] NSWSC 1064

Category: Principal judgment
Parties: Rex (Crown)
Baltej Singh Lailna (Accused)
Representation:
Counsel:
Ms F Gray (Crown)
Mr I Todd (Accused)
Solicitors:
Office of the Director of Public Prosecutions (Crown)
Legal Aid NSW (Accused)

File Number(s): 2020/151765
Publication restriction: Nil

JUDGMENT

Introduction

HIS HONOUR: The accused, Baltej Singh Lailna, is charged by indictment dated 1 July 2021 that, on the evening of 20 May 2020, he fatally stabbed and murdered his wife, Kamaljeet Sidhu, at their home at Quakers Hill, NSW.
The matter has proceeded by way of hearing under s 31 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) (‘the Act’).
I will briefly outline the procedural history leading to this and, later, will explain in some more detail the statutory basis for the matter proceeding as it has.

The procedural history

The question of the accused’s…

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 Lailna

Details

AGLC: R v Lailna [2023] NSWSC 48
Case: [2023] NSWSC 48
Decision Date: 07 February 2023

CaseChat Overview and Summary

The case of R v Lailna was heard in a court in New South Wales where the defendant was accused of murder. The defendant pleaded not guilty by reason of mental health impairment, as allowed under section 31 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW). The prosecution and defence agreed that the defence was available and proceeded with a judge alone trial to determine whether the defence was established. The central issue before the court was whether the defendant's mental health impairment negated their capacity to form the requisite intent to commit murder.

The court examined the evidence and submissions from both parties, focusing on the defendant's mental health condition at the time of the alleged offence. The court considered expert psychiatric evidence and the defendant's history of mental illness. Ultimately, the court was satisfied that the defendant's mental health impairment was such that it negated their capacity to form the requisite intent to commit murder. The court found that the defence of mental health impairment was established, leading to a special verdict being entered.

In summary, the court determined that the defendant's mental health impairment was sufficient to negate their capacity to form the intent necessary for a murder conviction. Consequently, the court entered a special verdict, acknowledging the defendant's mental health condition as a mitigating factor in the offence. The final orders included the entry of a special verdict and the defendant's detention in a secure mental health facility.

Orders