Police v Deng [2008] NSWLC 2

Police v Deng [2008] NSWLC 2

On the agreed and medical evidence, the applicant suffered from post traumatic stress disorder and other mental health problems and was eligible under s 32. Balancing the seriousness and horrific consequences of the incident against the applicant's mental condition, the nature of the summary negligent driving charge, the uncertainty about the relationship between her condition and the incident, the likely lower-end penalty if dealt with at law, and the availability of substantial community treatment, it was more appropriate to deal with her under Part 3 of the Mental Health (Criminal Procedure) Act 1990 than otherwise according to law.

Jurisdiction
Australia
Judgment Date
30 January 2008
Procedural Posture
Criminal Summary Proceedings: Application Under S 32 of the Mental Health (criminal Procedure) Act 1990 in Relation to a Court Attendance Notice Alleging Negligent Driving Occasioning Death / Decision on S 32 Application
Outcome
Application under s 32 of the Mental Health (Criminal Procedure) Act 1990 granted.
Legal Topics
['negligent Driving Occasioning Death' 'diversion Under S 32 of the Mental Health (criminal Procedure) Act 1990' 'post Traumatic Stress Disorder' 'summary Proceedings Before a Magistrate']
['criminal Law' 'mental Health Law' 'road Traffic Law'] ['negligent Driving Occasioning Death' 'diversion Under S 32 of the Mental Health (criminal Procedure) Act 1990' 'post Traumatic Stress Disorder' 'summary Proceedings Before a Magistrate']

Case Brief

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Procedural Posture

Criminal Summary Proceedings: Application Under S 32 of the Mental Health (criminal Procedure) Act 1990 in Relation to a Court Attendance Notice Alleging Negligent Driving Occasioning Death / Decision on S 32 Application

Legal Issues

  1. 1 ['Whether Rose Deng was eligible to be dealt with under s 32(1)(a) of the Mental Health (Criminal Procedure) Act 1990.' 'Whether it would be more appropriate to deal with Rose Deng under Part 3 of the Mental Health (Criminal Procedure) Act 1990 than otherwise in accordance with law.' 'Which action under s 32(2) or s 32(3) of the Mental Health (Criminal Procedure) Act 1990 should be taken.']

Ratio Decidendi

On the agreed and medical evidence, the applicant suffered from post traumatic stress disorder and other mental health problems and was eligible under s 32. Balancing the seriousness and horrific consequences of the incident against the applicant's mental condition, the nature of the summary negligent driving charge, the uncertainty about the relationship between her condition and the incident, the likely lower-end penalty if dealt with at law, and the availability of substantial community treatment, it was more appropriate to deal with her under Part 3 of the Mental Health (Criminal Procedure) Act 1990 than otherwise according to law.

Court Disposition

Application under s 32 of the Mental Health (Criminal Procedure) Act 1990 granted.

Orders

  • ['The application is granted.' "A treatment plan encompassing the matters raised in the reports of Dr Westmore, Ms Savage and Dr Pethebridge is to be drawn up for the Magistrate's approval and placed on the court file when approved." "The Magistrate recommended to the RTA that the applicant not be reissued with any...