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Supreme Court 22 July 2025

R v Sherrin-Hill

[2025] NSWSC 793

Homicide
CRIME MURDER SPECIAL VERDICT SCHIZOAFFECTIVE DISORDER PSYCHIATRIC EVIDENCE

Citation: R v Sherrin-Hill [2025] NSWSC 793
Court: Supreme Court of NSW
Date: 22 July 2025
Judge(s): Harrison CJ at CL

Background

The accused was charged with the murder of a man with whom he had a close working relationship, both being employed in a family flue cleaning business. In the early hours of 16 October 2023, the two men were parked in a car park at Umina Beach when the accused produced a knife and stabbed the deceased 30 times in the neck, chest, arms and legs. One wound perforated the deceased's left internal carotid artery and jugular vein, causing his death.

The accused sustained significant injuries to his left hand during the attack. He later telephoned his father, and was subsequently taken to Gosford Police Station by a family member. He was admitted to hospital for treatment before being discharged and charged with murder on 18 October 2023.

At his arraignment in June 2025, the accused pleaded not guilty. Both the prosecution and defence agreed, on the basis of psychiatric evidence, that the accused had been suffering from a mental health impairment at the time of the offence and that the defence under the relevant legislation was established. The matter therefore proceeded under the agreed-verdict procedure rather than going to trial.

  • Whether the evidence established the defence of mental health impairment under s 28 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) (the Act)
  • Whether the court should enter a special verdict of "act proven but not criminally responsible" pursuant to s 31 of the Act, given agreement between the prosecution and defence
  • What consequential orders should be made under ss 33 and 34 of the Act following entry of a special verdict

Decision

It was not in dispute that the accused stabbed the deceased with at least the intention to cause grievous bodily harm, and that those wounds directly caused the death. The only question was whether the accused's mental state at the time satisfied the requirements for the mental health impairment defence under s 28 of the Act.

Both forensic psychiatrists who assessed the accused, Dr Richard Furst and Dr Adam Martin, agreed that he suffers from schizoaffective disorder and that the mental health impairment defence was available. The court considered their detailed reports and was satisfied that the defence was established on the evidence.

Harrison CJ at CL applied s 31 of the Act, which allows a court to enter a special verdict by agreement, without the need for a full criminal trial, provided the defence is represented and the court is independently satisfied that the evidence establishes the defence. Citing R v Jackson [2021] NSWSC 1404, the court confirmed that a s 31 hearing is not a trial but an evidentiary inquiry, and that the court must still provide reasons in the public interest and to assist the Mental Health Review Tribunal.

On the question of consequential orders, the court accepted Dr Furst's opinion that it would not be appropriate to release the accused into the community at this stage. The accused was ordered to be detained and referred to the Mental Health Review Tribunal for review.

Orders Made

  • A special verdict of act proven but not criminally responsible entered on the single count of murder pursuant to s 31 of the Act
  • The accused 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 (ss 33 and 34 of the Act)
  • The accused is referred to the Mental Health Review Tribunal pursuant to s 34 of the Act
  • The Registrar is directed to notify the Minister for Health of the orders within 7 days
  • The Registrar is directed to notify the Mental Health Review Tribunal of the verdict and orders, and provide copies of the reasons, orders and exhibit, within 7 days
  • The Registrar is directed to notify Justice Health and provide copies of the reasons, orders and exhibit within 7 days
  • The Registrar is directed to provide the victim impact statements, read to the court on 4 July 2025, to the Mental Health Review Tribunal within 7 days

Key Takeaways

  • Section 31 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 provides a mechanism for entering a special verdict by agreement, avoiding a full criminal trial where both prosecution and defence agree the mental health impairment defence is established and the accused is legally represented.
  • A s 31 hearing is an evidentiary inquiry, not a criminal trial. The court must still independently consider the evidence and be satisfied that the defence is established before entering the special verdict.
  • Reasons must be provided when a special verdict is entered under s 31, both to satisfy the open justice principle and to assist the Mental Health Review Tribunal in discharging its subsequent functions in relation to the person.
  • Where a special verdict is entered, ss 33 and 34 of the Act require the court to consider consequential orders, including detention and referral to the Mental Health Review Tribunal. The court's assessment of whether community release is appropriate informs those orders.
  • Victim impact statements formed part of the proceedings and, by order of the court, were directed to be provided to the Mental Health Review Tribunal, reflecting the relevance of that material to the Tribunal's ongoing review functions.

Legislation and Cases Referenced

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

Cases:
- R v Jackson [2021] NSWSC 1404
- Da-Pra v R; R v Da-Pra [2014] NSWCCA 211
- R v Siemek (No. 1) [2021] NSWSC 1292
- R v Tonga [2021] NSWSC 1064
- R v Sands [2021] NSWSC 1325
- R v Gough [2021] NSWDC 180
- Wainohu v State of New South Wales (2011) 243 CLR 181