R v Thompson (No 2) [2022] NSWSC 1045

R v Thompson (No 2) [2022] NSWSC 1045

Because Mr Thompson had committed the act causing Mr Johnston's death but was not criminally responsible due to mental health impairment, and because his escalating mental illness, diagnoses including a psychotic disorder in the nature of schizophrenia, ongoing treatment and substance use disorder made no other order appropriate, the Court ordered detention under s 33(1)(b) until release by due process of law and referred him to the Mental Health Review Tribunal under s 34.

Jurisdiction
Australia
Judgment Date
05 August 2022
Procedural Posture
Criminal Proceedings for Murder Involving Defence of Mental Health Impairment / Orders Following Judge Alone Trial and Special Verdict of Act Proven But Not Criminally Responsible
Outcome
Orders made for detention until release by due process of law and referral to the Mental Health Review Tribunal.
Legal Topics
['murder' 'mental Health Impairment Defence' 'special Verdict' 'forensic Patient Detention' 'victim Impact Statement' 'mental Health Review Tribunal']
['criminal Law' 'mental Health and Forensic Provisions' 'sentencing Procedure'] ['murder' 'mental Health Impairment Defence' 'special Verdict' 'forensic Patient Detention' 'victim Impact Statement' 'mental Health Review Tribunal']

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Procedural Posture

Criminal Proceedings for Murder Involving Defence of Mental Health Impairment / Orders Following Judge Alone Trial and Special Verdict of Act Proven But Not Criminally Responsible

Legal Issues

  1. 1 ['What orders should be made under ss 33 and 34 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) following a special verdict of act proven but not criminally responsible.' 'Whether the accused should be detained until released by due process of law rather than made subject to another order.' 'Receipt and consideration of a victim impact statement after a mental health impairment defence was made out.']

Ratio Decidendi

Because Mr Thompson had committed the act causing Mr Johnston's death but was not criminally responsible due to mental health impairment, and because his escalating mental illness, diagnoses including a psychotic disorder in the nature of schizophrenia, ongoing treatment and substance use disorder made no other order appropriate, the Court ordered detention under s 33(1)(b) until release by due process of law and referred him to the Mental Health Review Tribunal under s 34.

Court Disposition

Orders made for detention until release by due process of law and referral to the Mental Health Review Tribunal.

Orders

  • ['Pursuant to s 33(1)(b) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), Harley Thompson is to be detained in a correctional facility, or at such other place as may be determined from time to time by the Mental Health Review Tribunal, until released by due process of law.' 'Pursuant...