R v Mavin

[2023] NSWSC 455

Supreme Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Mavin [2023] NSWSC 455

Hearing dates:

17-20 April 2023

Date of orders:

2 May 2023

Decision date:

02 May 2023

Jurisdiction:

Common Law

Before:

Campbell J

Decision:

(1) In relation to count 1, my verdict is a special verdict of the act of attempting to rob the 7-Eleven at Sandgate Road, Shortland is proven, but Zack Mavin is not criminally responsible;
(2) In relation to count 2, my verdict is a special verdict of the act of fatally stabbing Robert Palmer is proven, but Zack Mavin is not criminally responsible;
(3) Under s 34 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), Zack Mavin is referred to the Mental Health Review Tribunal;
(4) Under s 33 of the said Act, order that Zack Mavin is to be detained at such place and in such manner as the Mental Health Review Tribunal determines until his release by due process of law;
(5) Direct that a copy of these reasons and of the evidence of Dr Allnutt and Dr Nielssen be forwarded to the Registrar of the Mental Health Review Tribunal;
(6) Direct that media organisations who have duly applied may have access to Exhibit G, the recording of Zack Mavin’s record of interview.

Catchwords:

CRIME — the accused’s diagnosis of schizophrenia was not in dispute — whether the accused was entitled to the mental health impairment or cognitive impairment defence — whether the accused could reason with a moderate degree of sense and composure regarding the wrongfulness of his acts — the application of the mental impairment defence required consideration of the circumstances as a whole — held because of symptoms of his schizophrenia the accused could not reason with a moderate degree of sense and composure for the aggravated attempted armed robbery count and the murder count

CRIME — attempted armed robbery with an offensive weapon — bizarre modus operandi in the execution of the robbery and in the accused’s behaviour throughout, before and after the attempted robbery

CRIME — murder — following an altercation the accused used a knife to fatally stab the deceased — whether this conduct could be separated from his schizophrenia such that he was not entitled to the mental health impairment defence — held the attack on Mr Palmer was a product of the accused’s psychosis

Legislation Cited:

Court Suppression and Non-publication Orders Act 2010 (NSW), ss 8, 10

Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), s 28

Cases Cited:

The King v Porter (1933) 55 CLR 182; [1933] HCA 1

R v M’Naghten (1843) 8 ER 718

Carter v R [2019] NSWCCA 11

R v Rodrigues [2010] NSWSC 198

Stapleton v R (1952) 86 CLR 358

R v Jenkins (1963) 64 SR (NSW) 20

The King v Porter (1933) 55 CLR 182; [1933] HCA 1

Alford v Magee (1952) 85 CLR 437

Hawkins v The Queen (1994) 179 CLR 500

Jones v Dunkel (1959) 101…