R v Sherrin-Hill - [2025] NSWSC 793

Supreme Court

New South Wales

Medium Neutral Citation: R v Sherrin-Hill [2025] NSWSC 793
Hearing dates: 4 July 2025
Date of orders: 22 July 2025
Decision date: 22 July 2025
Jurisdiction: Common Law - Criminal
Before: Harrison CJ at CL
Decision:
(1) In relation to the single count on the indictment, I enter a special verdict pursuant to s 31 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 of act proven but not criminally responsible.
(2) Pursuant to ss 33 and 34 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, Tristan Sherrin-Hill 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) Pursuant to s 34 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, Tristan Sherrin-Hill is referred to the Mental Health Review Tribunal.
(4) I direct the Registrar to notify the Minister for Health of these orders within 7 days.
(5) I further direct the Registrar to notify the Mental Health Review Tribunal of the verdict and these orders within 7 days.
(6) The Registrar is to provide the Mental Health Review Tribunal with a copy of these orders and my reasons for judgment and the exhibit within 7 days.
(7) The Registrar is to notify Justice Health of the verdict and orders, and provide a copy of the reasons for judgment and orders and exhibit to Justice Health within 7 days.
(8) I direct the Registrar within 7 days to provide the Victim Impact Statements read to the Court on 4 July 2025 to the Mental Health Review Tribunal.

Catchwords:
CRIME – murder – special verdict – where defence and prosecution agree mental health impairment defence is available – a total of 30 knife stab wounds to neck, chest, arms and legs – schizoaffective disorder – psychiatric evidence – where forensic psychiatrists agree the accused suffers from a mental health impairment – whether the evidence satisfies that the defence is established – verdict of act proven but not criminally responsible entered

Legislation Cited:
Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 28, 31, 33, 34

Cases Cited:
R v Jackson [2021] NSWSC 1404
Da-Pra v R; R v Da-Pra [2014] NSWCCA 211

Category: Principal judgment
Parties: Rex (Crown)
Tristan Sherrin-Hill (Offender)
Representation:
Counsel:
C Young (Crown)
P Krisenthal (Offender)
Solicitors:
Office of the Director of Public Prosecutions (NSW) (Crown)
Legal Aid NSW (Offender)

File Number(s): 2023/331160
Publication restriction: Nil

JUDGMENT

HIS HONOUR: Tristan Sherrin-Hill is charged that on 16 October 2023, at Umina Beach in the State of NSW he did murder Daniel Bruns. He was committed for trial from the Local Court. At his arraignment on 5 June 2025, Mr Sherrin-Hill pleaded not guilty to that count. The sole issue in the trial was expected to be whether Mr Sherrin-Hill qualified for a special verdict of act proven but not criminally responsible. Since Mr…

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 Sherrin-Hill

Details

AGLC: R v Sherrin-Hill [2025] NSWSC 793
Case: [2025] NSWSC 793
Decision Date: 22 July 2025

CaseChat Overview and Summary

The court heard the case of R v Sherrin-Hill, where the accused faced charges of murder following the fatal stabbing of a woman. The defendant had inflicted a total of thirty stab wounds to the victim's neck, chest, arms, and legs. The central dispute revolved around the accused's mental state at the time of the incident. Both the defence and prosecution agreed that a mental health impairment defence could be applicable. The court was required to determine whether the evidence presented was sufficient to establish that the accused was not criminally responsible for the act due to a mental health condition.

The legal issues before the court included whether the accused's schizoaffective disorder, supported by psychiatric evidence from forensic psychiatrists, amounted to a mental health impairment under the relevant statutory provisions. The court also had to assess the credibility and weight of the psychiatric evidence provided and whether it met the legal threshold for the defence of not being criminally responsible. This required careful consideration of the expert testimony and the specifics of the accused's mental state during the incident.

The court concluded that the evidence satisfied the criteria for a mental health impairment defence. The psychiatric evidence, which was consistent and compelling, demonstrated that the accused was suffering from a severe mental disorder at the time of the offence. As a result, the court found the accused to be not criminally responsible for the act. Consequently, the jury entered a verdict of 'act proven but not criminally responsible', leading to the accused's detention in a mental health facility rather than imprisonment.

No further orders were required beyond the verdict. The court's decision was based on the compelling evidence of the accused's mental health condition, which precluded criminal responsibility.

Orders