R v Bouggas [2025] NSWSC 122 — Murder & Criminal Proceedings — Barrister AI

R v Bouggas

[2025] NSWSC 122

Supreme Court of NSW

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Catchwords

1. Crime
2. › murder
3. › special hearing
4. › whether acts causing death were the acts of the accused
5. › circumstantial case
6. › accused’s acts caused the deaths of the two deceased
7. › no point of principle
1. Mental Health
2. › criminal proceedings
3. › accused unfit to stand trial
4. › defence of mental health impairment
5. › whether accused had a mental health impairment at time of carrying out the acts
6. › whether the mental health impairment had the effect that accused did not know the nature and quality of the act and that the act was wrong
7. › requirements of s 28(1) and (2) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) met
8. › defence of mental health impairment made out
1. Crime
2. › murder
3. › defences
4. › mental health impairment
5. › where unanimous expert evidence established defence of mental health impairment available
6. › verdict of act proven but not criminally responsible
7. › no point of principle
1. Evidence
2. › hearsay
3. › exceptions
4. › criminal proceedings
5. › Evidence Act section 65(1) and (2)(c)
6. › where maker of representations not available to give evidence
7. › whether representation made in circumstances that make it highly probable that the representations reliable
8. › not established that representations made in such circumstances
9. › no objection to admission of representations for purpose of mental health impairment defence

Case Details

Citation[2025] NSWSC 122

CourtNSWSC

JurisdictionNew South Wales

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Cited by1

2026Explore Building Management Services Pty Ltd v The Owners – Strata Plan 103525NSWSC 121

Relies on15

2023R v HuynhNSWSC 920
2023R v BouggasNSWSC 352
2021R v Siemek (No. 1)NSWSC 1292
2021R v Singh (No 4)NSWSC 75
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