R v Siemek

Judgment

1. JOHNSON J: Earlier today, the Accused, Justin Karl Siemek, was found to have committed an act that led to the death of Vincent Evans without being criminally responsible for that act due to a mental health impairment within ss.4 and 28 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 ("MHCIFP Act"). A special verdict of "act proven but not criminally responsible" was returned under ss.30 and 31 MHCIFP Act.
2. Following the entry of that verdict, the Crown tendered a victim impact statement of Kelly Hipolito, the daughter of Vincent Evans. The victim impact statement was placed before the Court under s.30L Crimes (Sentencing Procedure) Act 1999.
3. Since 2018, the law has allowed a victim impact statement to be placed before a court in circumstances where the former defence of mental illness or the present defence of mental health impairment or cognitive impairment (under the MHCIFP Act) has been made out. As a result of that significant reform, members of the family of Mr Evans have a direct voice in these proceedings. The Court acknowledges receipt of the victim impact statement of Ms Hipolito and has regard to it in these proceedings.
4. The victim impact statement of Ms Hipolito demonstrates vividly the devastating effect upon her and other members of the family arising from the terrible events surrounding the death of Mr Evans. Ms Hipolito describes the "anger, sadness and heartbreak" experienced by her and members of the family in circumstances where Mr Evans had been seeking to help Mr Siemek to lead a productive life in the local community. Ms Hipolito has a young family and the loss of a father for her and a grandfather to her children has struck deeply.
5. The victim impact statement provides the Court with significant insight into Mr Evans' successful and productive life, both with his family and in the community of the mid-north coast region of New South Wales where he lived.
6. Prior to the introduction of the 2018 reforms, families in the position of the Evans' family would not have had an opportunity to be heard in proceedings where the trial did not culminate in a guilty verdict. As noted in R v Kemball [2020] NSWSC 1559 at [94]-[95] and [104]-[106], this is an important reform which allows a Court to receive a victim impact statement and the statement of Ms Hipolito has considerable resonance in this case.