SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
| Case Title: | R v Andison |
| Citation: | [2021] ACTSC 32 |
| Hearing Date: | 26 February 2021 |
| Decision Date: | 26 February 2021 |
| Before: | Elkaim J |
| Decision: | See [26] |
| Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Pre-trial hearing – determination of mental impairment – referral to ACAT |
| Legislation Cited: | Crimes Act 1900 (ACT) ss 300, 321, 323(3)(b), 324 Criminal Code 2002 (ACT) ss 27, 28, 404(1) Mental Health Act 2015 (ACT) |
| Cases Cited: | R v Singsathitsuk [2021] ACTSC 26 |
| Parties: | The Queen (Crown) Daniel James Andison (Accused) |
| Representation: | Counsel |
| S Jerome (Crown) H Hayunga (Accused) | |
| Solicitors | |
| ACT Director of Public Prosecutions (Crown) | |
| ACT Legal Aid (Accused) | |
| File Number: | SCC 158 of 2019 |
| ELKAIM J: |
1. The accused, Mr Daniel Andison, was arraigned before me this morning. He pleaded not guilty by reason of mental impairment to the offence of causing damage by fire to a building, [redacted], intending to cause, or being reckless about causing damage to that building (s 404(1) of the Criminal Code 2002 (ACT)).
2. The matter essentially proceeded by way of documentary evidence, included in both Exhibits A, B and 1.
3. The relevant legislation is to be found in Part 2.3 of the Criminal Code 2002. Section 27
contains the relevant definitions of “mental impairment” and “mental illness”. Section 28
is as follows:
28 Mental impairment and criminal responsibility
(1) A person is not criminally responsible for an offence if, when carrying out the conduct required for the offence, the person was suffering from a mental impairment that had
the effect that—
(a) the person did not know the nature and quality of the conduct; or (b) the person did not know that the conduct was wrong; or (c) the person could not control the conduct. (2) For subsection (1) (b), a person does not know that conduct is wrong if the person cannot reason with a moderate degree of sense and composure about whether the conduct, as seen by a reasonable person, is wrong.
(3) The question whether a person was suffering from a mental impairment is a question of
fact.(4) A person is presumed not to have been suffering from a mental impairment. (5) The presumption is displaced only if it is proved on the balance of probabilities (by the
prosecution or defence) that the person was suffering from a mental impairment.(6) The prosecution may rely on this section only if the court gives leave. (7) If the trier of fact is satisfied that a person is not criminally responsible for an offence only because of mental impairment, it must—
(a) for an offence dealt with before the Supreme Court—return or enter a special verdict that the person is not guilty of the offence because of mental impairment;
or
(b) for any other offence—find the person not guilty of the offence because of mental impairment.
4. The next relevant legislation is s 321 of the Crimes Act 1900 (ACT), which states:
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CaseChat Overview and Summary
The court was tasked with deciding whether Singsathitsuk was mentally fit to proceed to trial. This required a careful examination of the medical evidence and expert assessments presented. The primary legal issue was whether there was sufficient evidence to warrant a referral to the Administrative Appeals Tribunal (AAT) for a more detailed assessment under the Mental Health Act. The court needed to balance the defendant's rights and the need for a fair trial against the potential risks of allowing a mentally impaired individual to stand trial.
In its decision, the court concluded that there was enough evidence to suggest that Singsathitsuk might be mentally impaired. The evidence included assessments by medical professionals and observations of the defendant's behaviour during the proceedings. The court found that the defendant's mental state was such that it would likely impede his ability to understand the charges, participate in his defence, or follow the trial. Therefore, the court ordered that Singsathitsuk be referred to the Administrative Appeals Tribunal for a comprehensive mental health evaluation. This referral was made to ensure that the defendant's rights were protected and that a fair trial could be conducted if possible.
Orders
Orders of the court
See [26]
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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