Police v DMO [2015] NSWChC 4

Police v DMO [2015] NSWChC 4

Section 33(1)(b) of the Mental Health (Forensic Provisions) Act 1990 does not preclude charges being relisted where a defendant is admitted to a mental health facility. Read with s 32 of the Mental Health Act 2007 and s 33 as a whole, the only mechanisms for dismissal in s 33 are s 33(1)(c) and s 33(2).

Jurisdiction
Australia
Judgment Date
21 December 2015
Procedural Posture
Criminal / Procedural Ruling on Whether Proceedings Could Be Relisted After an Order Under S 33(1)(b) of the Mental Health (forensic Provisions) Act 1990
Outcome
The Court rejected the defence contention that the charges had been finalised and held that the proceedings could be relisted.
Legal Topics
['mental Health (forensic Provisions) Act 1990 S 33(1)(b)' 'relisting of Charges After Mental Health Assessment' 'dismissal of Charges Under S 33(2)' 'interaction Between Mental Health (forensic Provisions) Act 1990 and Mental Health Act 2007']
['criminal Law' 'mental Health Law' "children's Court Procedure"] ['mental Health (forensic Provisions) Act 1990 S 33(1)(b)' 'relisting of Charges After Mental Health Assessment' 'dismissal of Charges Under S 33(2)' 'interaction Between Mental Health (forensic Provisions) Act 1990 and Mental Health Act 2007']

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Procedural Posture

Criminal / Procedural Ruling on Whether Proceedings Could Be Relisted After an Order Under S 33(1)(b) of the Mental Health (forensic Provisions) Act 1990

Legal Issues

  1. 1 ['Whether the admission of the young person to a mental health facility pursuant to an order under s 33(1)(b) of the Mental Health (Forensic Provisions) Act 1990 operates to finalise the charges.' 'Whether charges can be relisted after a defendant is assessed as mentally ill or mentally disordered and detained under the Mental Health Act 2007.' 'Whether s 32 of the Mental Health Act 2007 provides a mechanism for returning a person to court after an order under s 33(1)(b) of the Mental Health (Forensic Provisions) Act 1990.']

Ratio Decidendi

Section 33(1)(b) of the Mental Health (Forensic Provisions) Act 1990 does not preclude charges being relisted where a defendant is admitted to a mental health facility. Read with s 32 of the Mental Health Act 2007 and s 33 as a whole, the only mechanisms for dismissal in s 33 are s 33(1)(c) and s 33(2).

Court Disposition

The Court rejected the defence contention that the charges had been finalised and held that the proceedings could be relisted.

Orders

  • ["The proceedings in relation to the young person DM [H57623664] are to be relisted before the Children's Court on a date to be fixed before 8 March 2016."]