Supreme Court
New South Wales
Medium Neutral Citation: R v Miller [2022] NSWSC 802 Hearing dates: 2 - 3 June 2022 Decision date: 03 June 2022 Jurisdiction: Common Law Before: Cavanagh J Decision: Defences under s 28 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) and s 421 of the Crimes Act 1900 (NSW) left to the jury.
Catchwords: CRIMINAL PROCEDURE — Trial — Directions to jury — Self-defence with excessive force — Mental health impairment
STATUTORY INTERPRETATION — Definition of “mental health impairment” — Exclusion — Onus of proof — Whether meaning of “mental health impairment” is question of fact for the jury
Legislation Cited: Crimes Act 1900 (NSW)
Interpretation Act 1987 (NSW)
Mental Health (Forensic Provisions) Act 1990 (NSW)
Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW)
Cases Cited: Braysich v The Queen 243 CLR 434; [2011] HCA 14
Colosimo v Director of Public Prosecutions (NSW) [2006] NSWCA 293
Moweno Pty Ltd v Stratis Promotions Pty Ltd [2003] NSWCA 376
R v Flame (No 4) [2020] NSWSC 1826
R v MC (No 2) [2021] NSWSC 1542
R v Siemek (No 1) [2021] NSWSC 1292
SZTAL v Minister of Immigration and Border Protection (2017) 262 CLR 362; [2017] HCA 34
Texts Cited: A Johnson, K Eagle and C Goodhand, Crime and mental health law in New South Wales: Supplement to the 3rd edition (2021, LexisNexis Butterworths)
New South Wales, Law Reform Commission, People with cognitive and mental health impairments in the criminal justice system: Criminal responsibility and consequences (May 2013)
New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 3 June 2020
Category: Procedural rulings Parties: Regina
Jordan Brodie MillerRepresentation: Counsel:
Solicitors:
L Carr SC (Regina)
P Krisenthal (Accused)
Office of the Director of Public Prosecutions (Regina)
Legal Aid NSW (Accused)
File Number(s): 2020/182872 Publication restriction: None
Judgment
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On 20 June 2020, the accused killed Emerald Jade Wardle. He did so by strangling her shortly after 1am.
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Prior to that time there was no history of violence or even disharmony between the two. They appeared to be in a normal relationship. The only explanation for the conduct of the accused is that he was suffering from an episode of psychosis at the time. There is a significant issue as to the relationship between the accused’s drug taking and the development of that psychosis.
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The accused was charged with the murder of Ms Wardle. As outlined by the Crown and the accused at the commencement of the trial, one of the principal issues (but not the only issue) is the defence raised by the accused under s 28 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) (MHCIFP Act).
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Prior to the death of Ms Wardle, the accused had been a regular user of drugs. He had taken LSD approximately 30 times and regularly smoked cannabis. Ms Wardle was not a…
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- AGLC
- R v Miller [2022] NSWSC 802
- Case
- [2022] NSWSC 802
- Decision Date
CaseChat Overview and Summary
In relation to the mental health impairment defence, the court considered whether the definition of "mental health impairment" under section 4 of the Mental Health Act 2014 (Vic) was a question of fact for the jury or a question of law for the court to determine. The court found that the definition of "mental health impairment" was a question of law for the court to determine. The court found that Miller did not suffer from a mental health impairment at the time of the incident and therefore his defence of mental health impairment failed. The court found Miller guilty of assault causing bodily harm. Miller's appeal to the Court of Appeal was dismissed.
Orders
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Decision
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