R v Wilson (No 5) [2018] NSWSC 1077

R v Wilson (No 5) [2018] NSWSC 1077

A limiting term of 2 years 6 months should be nominated for Ms Wilson's manslaughter, reflecting all objective and subjective circumstances, including her serious health and social/disadvantage mitigation and the lower end seriousness of the offence. The Court has power under s 24(1)(b) of the Mental Health (Forensic Provisions) Act 1990 (NSW) to continue Ms Wilson's release from custody on bail, pending the Tribunal's determination, in light of the Act's objects and the broad wording of the provision.

Parties
Prosecution: Regina (Crown); Offender: Pearl Marie Wilson
Jurisdiction
Australia
Judgment Date
13 July 2018
Procedural Posture
Criminal / Sentence After Special Hearing (mental Health Unfit to Be Tried)
Outcome
Limiting term of 2 years 6 months imprisonment nominated; reference to Mental Health Review Tribunal; continued release on bail with conditions pending Tribunal orders.
Legal Topics
Sentencing—manslaughter, Special Hearing (unfit Accused), Limiting Term (mental Health), Powers Under S 24(1)(b) Mental Health (forensic Provisions) Act 1990 (nsw), Custody Pending Tribunal Determination, Aggravating and Mitigating Circumstances, Objective Seriousness and Moral Culpability, Aboriginal Offenders, Domestic Violence Context
Criminal Law Mental Health Law Statutory Interpretation Sentencing—manslaughter Special Hearing (unfit Accused) Limiting Term (mental Health) Powers Under S 24(1)(b) Mental Health (forensic Provisions) Act 1990 (nsw) Custody Pending Tribunal Determination +4 more

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Parties

Regina (Crown)

Prosecution

Pearl Marie Wilson

Offender

Procedural Posture

Criminal / Sentence After Special Hearing (mental Health Unfit to Be Tried)

Legal Issues

  1. 1 Whether a sentence of imprisonment would have been imposed if this were a normal trial.
  2. 2 Proper construction and scope of power under s 24(1)(b) of the Mental Health (Forensic Provisions) Act 1990 (NSW) – specifically whether continued bail is permitted after limiting term is nominated.

Ratio Decidendi

A limiting term of 2 years 6 months should be nominated for Ms Wilson's manslaughter, reflecting all objective and subjective circumstances, including her serious health and social/disadvantage mitigation and the lower end seriousness of the offence. The Court has power under s 24(1)(b) of the Mental Health (Forensic Provisions) Act 1990 (NSW) to continue Ms Wilson's release from custody on bail, pending the Tribunal's determination, in light of the Act's objects and the broad wording of the provision.

Court Disposition

Limiting term of 2 years 6 months imprisonment nominated; reference to Mental Health Review Tribunal; continued release on bail with conditions pending Tribunal orders.

Orders

  • Ms Wilson's limiting term for manslaughter is 2 years 6 months imprisonment commencing 5 July 2018 to 4 January 2021.
  • Ms Wilson is referred to the Mental Health Review Tribunal under s 24(1)(a) Mental Health (Forensic Provisions) Act 1990 (NSW).