R v Munday (No 2)

Case [2021] NSWDC 628


District Court


New South Wales

Medium Neutral Citation: R v Munday (No 2) [2021] NSWDC 628
Hearing dates: 11 October 2021, 12 October 2021, 13 October 2021, 22 October 2021
Date of orders: 19 November 2021
Decision date: 19 November 2021
Jurisdiction:Criminal
Before: Haesler SC DCJ
Decision:

On each count I return a verdict of a special verdict of “act proven but not criminally responsible.”

Catchwords:

CRIME – Arson - intentionally cause fire and be reckless as to its spread - multiple offences

CRIME- Judge Alone hearing – principles applied

EVIDENCE — Special hearing - Coincidence evidence — tendency evidence –- can prosecutions assert a defendant’s state of mind is relevant when defendant has a significant cognitive impairment?

MENTAL HEALTH — Criminal proceedings — Person unfit to be tried — Special hearing – defence of cognitive impairment- parties agree defence available- function of Court at trial where s.31 applies- is proof of the mental element of the crime required? - relevant principles discussed –common law principles not changed by new Act and to be applied

MENTAL HEALTH - Special hearing - defendant has a significant cognitive impairment intellectual disability -- defence of cognitive impairment - whether physical acts proved beyond reasonable doubt - tendency – not a coincidence – identification using CCTV- unanimous medical evidence that agreement that defendant did not know the nature and quality of the acts and did not know that the act, as perceived by reasonable people, was wrong – hearing using AVL - assessment of evidence

STATUTORY INTERPRETATION — Repeal and re-enactment – deference of cognitive impairment - plain words of statute - extrinsic aids – no intention to change common law principles

Legislation Cited:

Crimes Act 1900

Mental Health and Cognitive Impairment Forensic Provisions Act 2020

Evidence (Audio and Visual Links) Act 1998 (NSW)

Rural Fires Act 1997

Criminal Procedure Act 1986

Cases Cited:

R v Munday [2001] NSWDC 374

M'Naghten's Case, Re (1843) 8 ER 718

The King v Porter (1933) 55 CLR 182

Stapleton v The Queen ; (1952) 86 CLR 358; [1952] HCA 56

Hawkins v The Queen (1994) 179 CLR 500; [1994] HCA 28

R v Minani (2005) 63 NSWLR 490; [2005] NSWCCA 226

R v Tonga [2021] NSWSC 1064

R v Siemek [2021] NSWSC 1292

The Queen v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35

Fox v Percy (2003) 214 CLR 118; [2003] HCA 22

Smith v The Queen [2001] HCA 50; 206 CLR 650

Slater v R [2015] NSWCCA 310

Texts Cited:

Introducing the new Mental Health and Cognitive Impairment Forensic Provisions Act 2020, Justice Mark Ierace, Judicial Officer’s Bulletin, March 2021, Vol 33 Number 2

Category:Principal judgment
Parties: Warren Fletcher Munday (the defendant)
Director of Public Prosecutions
Representation:

Counsel:
Ms S Hall (for the defendant)
Ms A Hughes, Solicitor Advocate (for Director of Public Prosecutions)

Solicitors:
Morrisons Law (for the defendant)
File Number(s): 2020/00247037

JUDGMENT

Introduction

  1. Warren Fletcher Munday has lived in Hilltop Avenue, Lake Heights his entire…

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AGLC
R v Munday (No 2) [2021] NSWDC 628
Case
[2021] NSWDC 628
Decision Date

CaseChat Overview and Summary

In R v Munday (No 2), the accused, Munday, faced charges related to multiple instances of arson. The case was heard in a court where a single judge presided, and Munday's cognitive impairment was a significant factor. The prosecution needed to determine whether Munday's state of mind was relevant when it was evident he had a substantial cognitive impairment. This was crucial in a scenario where the acts were proved through physical evidence, such as CCTV footage, but Munday's understanding and intent were in question.

The court had to decide whether the prosecution had to prove the mental element of the crime when the defence of cognitive impairment was available and the parties agreed it was applicable. This required an analysis of the common law principles and how they interacted with the statutory provisions under the new Act. The court found that the common law principles remained unchanged and were to be applied as per the statutory interpretation, which did not intend to alter these principles.

Upon evaluating the evidence presented, including unanimous medical evidence that Munday did not understand the nature and quality of his actions and did not know they were wrong, the court concluded that the physical acts were proven beyond reasonable doubt. However, due to Munday's significant cognitive impairment, the court returned a special verdict of "act proven but not criminally responsible" on each count. This decision reflects the court's adherence to statutory interpretation and common law principles, ensuring that the protection of individuals with cognitive impairments is maintained within the criminal justice system.

Orders

Orders of the court

On each count I return a verdict of a special verdict of “act proven but not criminally responsible.”

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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