Landmark trial will test mental health law

Wednesday 10 February 2021

The trial of a man who pointed two spearguns at police officers during a two-hour standoff will be the first time that part of Jersey’s new mental health law is tested in court.

Robert John Ingram Moon’s defence is based on an article in the 2016 law, which states that the court has the power to record a “special verdict” if the jury are sure that, at the time when the alleged acts were carried out, the defendant “was suffering from mental disorder to such a substantial degree that he or she ought not to be held criminally responsible for doing so."

If the jury thinks that threshold has been reached, they can acquit Mr Moon or they can make an order - for example, for treatment or to place the defendant in the care of a person or authority. 

This week’s landmark Royal Court trial is the first time that this defence has been used.

Although he didn’t fire any of the guns, Mr Moon (42) denies two counts of grave and criminal assault against police officers and a charge of affray, all committed at his home in Richmond Road on 15 May. 

On the second day of the trial at the Royal Jersey Showground, the jury heard that doctors assessing Mr Moon immediately after the incident felt that he had good insight into his own mental condition, he understood why he was with them, he knew what he had done and there was no evidence of illusions or hallucinations. 

While some medical experts who have assessed Mr Moon have concluded that he has an antisocial personality disorder, there is no clear opinion on whether he also has a hypomanic bipolar disorder, which would make it more likely that he met the conditions for a special verdict. 

Pictured: Crown Advocate Rebecca Morley-Kirk is prosecuting.

But prosecution witness Dr Ian Cumming, a consultant forensic psychiatrist, told the court that even people with bipolar disorder control could control their behaviour, as could someone with a personality disorder. 

“The diagnosis is not that important; what is important for the jury is what happened on the day,” he said. “There do seem to be examples of Mr Moon demonstrating awareness during the incident - for example, asking to be shot by the police shows an awareness of the consequences of him having a weapon. 

“However,  it would be wrong for doctors to make that decision; that is a matter for the jury.”

Defence witness Dr Jeremy Berman, another consultant forensic psychiatrist, outlined previous acts by Mr Moon to evidence his belief that he had a hypomanic bipolar disorder.

This included Mr Moon entering the gas works at La Collette in 2016, when he made his own emergency cordon after claiming to have smelt gas while on a late-night walk.

He also got into a lengthy dispute with the owner of a takeaway business about outdoor bins and last year he became fixated on the covid pandemic, regularly staring through the fence of the Nightingale Hospital in the early hours, buying a full hazmat suit and respirator, and obsessing about hygiene and social distancing.

“He has negative traits but when he is hypomanic, they become heightened and amplified,” said Dr Berman. “Some people may feel positive effects - euphoric or sexually disinhibited - but Mr Moon becomes boorish, aggressive, threatening, and confrontational. That comes to the fore as a consequence of his disorder.”

The prosecution, represented by Crown Advocate Rebecca Morley-Kirk, argues that despite Mr Moon’s history of mental illness, which was first recorded in 2015, his episodes demonstrate that he was aware of his actions last May and he had the wherewithal to know that he was breaking the law.

Defence Advocate Adam Harrison, however, argues that Mr Moon’s history of mental instability proves that he did not have sufficient mental capacity on that day to now face conviction.

The trial continues today with Mr Moon due to take the stand.