R v Risi (No 2) [2022] NSWSC 879

R v Risi (No 2) [2022] NSWSC 879

Because the Court was in a position to make a final order, release was not suggested by either side and was impractical, and Dr Furst's expert report identified Mr Risi's clinical needs, treatment needs and risk profile as requiring secure hospital treatment and supervision, the appropriate order was detention in a correctional facility until release by due process of law pending the Mental Health Review Tribunal's determination of the place of further detention, with the Tribunal to receive the expert reports and consider Dr Furst's recommendation.

Jurisdiction
Australia
Judgment Date
01 July 2022
Procedural Posture
Criminal Proceedings Involving Mental Health / Disposition After Special Verdicts at the Conclusion of a Special Hearing
Outcome
Mr Risi was ordered to be detained in a correctional facility pending determination by the Mental Health Review Tribunal as to the place of his further detention.
Legal Topics
['special Verdict of Act Proven But Not Criminally Responsible' 'disposition Following Special Hearing' 'detention Pending Mental Health Review Tribunal Determination' 'forensic Hospital Placement']
['criminal Law' 'mental Health Law'] ['special Verdict of Act Proven But Not Criminally Responsible' 'disposition Following Special Hearing' 'detention Pending Mental Health Review Tribunal Determination' 'forensic Hospital Placement']

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Procedural Posture

Criminal Proceedings Involving Mental Health / Disposition After Special Verdicts at the Conclusion of a Special Hearing

Legal Issues

  1. 1 ['What order should be made under s 33 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) following special verdicts.' 'Whether Mr Risi should be released, detained, or made subject to another order.' "Whether the Court should take account of Dr Furst's recommendation about placement in the Forensic Hospital."]

Ratio Decidendi

Because the Court was in a position to make a final order, release was not suggested by either side and was impractical, and Dr Furst's expert report identified Mr Risi's clinical needs, treatment needs and risk profile as requiring secure hospital treatment and supervision, the appropriate order was detention in a correctional facility until release by due process of law pending the Mental Health Review Tribunal's determination of the place of further detention, with the Tribunal to receive the expert reports and consider Dr Furst's recommendation.

Court Disposition

Mr Risi was ordered to be detained in a correctional facility pending determination by the Mental Health Review Tribunal as to the place of his further detention.

Orders

  • ['That until released by due process of law, I order that Mr Risi be detained in a correctional facility pending the determination of the Mental Health Review Tribunal as to the place of his further detention.' 'I direct the court registry forward to the Mental Health Review Tribunal the reports of Dr Allnutt and Dr...