R v Adams [2003] NSWSC 142

R v Adams [2003] NSWSC 142

Because the Mental Health Review Tribunal determined that Debbie Marie Adams was not suffering from mental illness or from a mental condition for which treatment was available in a hospital, and because the Tribunal rather than the Court had the primary role in investigating and recommending management options, there was no special reason for the Court to conduct its own enquiry. An order under s27 was necessary to ensure that she became a forensic patient subject to periodic Tribunal review, but the Court should not specify Parklea Correctional Centre or make an order that could be read as approving the existing inhumane conditions or precluding possible transfer to a suitable interstate...

Jurisdiction
Australia
Judgment Date
14 March 2003
Procedural Posture
Criminal Proceeding Concerning Detention After Findings at a Special Hearing Under the Mental Health (criminal Procedure) Act 1990 / Supreme Court Determination Under S27 Following Mental Health Review Tribunal Determination Under S24
Outcome
Order made under s27 that Debbie Marie Adams be detained in a place other than a hospital situated in New South Wales.
Legal Topics
['unfitness to Be Tried' 'special Hearing' 'limiting Terms' 'forensic Patient Status' 'detention in Hospital or Other Place' 'mental Health Review Tribunal Review' 'prison Conditions']
['criminal Law' 'mental Health Law'] ['unfitness to Be Tried' 'special Hearing' 'limiting Terms' 'forensic Patient Status' 'detention in Hospital or Other Place' 'mental Health Review Tribunal Review' 'prison Conditions']

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Procedural Posture

Criminal Proceeding Concerning Detention After Findings at a Special Hearing Under the Mental Health (criminal Procedure) Act 1990 / Supreme Court Determination Under S27 Following Mental Health Review Tribunal Determination Under S24

Legal Issues

  1. 1 ["Whether, following the Mental Health Review Tribunal's determination under s24, the Court should order detention in a hospital or in a place other than a hospital under s27 of the Mental Health (Criminal Procedure) Act 1990." "Whether the Court's function under s27 required it to conduct its own enquiry into treatment options and accommodation for the offender." 'Whether the order should specify Parklea Correctional Centre or be framed more generally so as not to preclude transfer to a suitable facility outside New South Wales.']

Ratio Decidendi

Because the Mental Health Review Tribunal determined that Debbie Marie Adams was not suffering from mental illness or from a mental condition for which treatment was available in a hospital, and because the Tribunal rather than the Court had the primary role in investigating and recommending management options, there was no special reason for the Court to conduct its own enquiry. An order under s27 was necessary to ensure that she became a forensic patient subject to periodic Tribunal review, but the Court should not specify Parklea Correctional Centre or make an order that could be read as approving the existing inhumane conditions or precluding possible transfer to a suitable interstate...

Court Disposition

Order made under s27 that Debbie Marie Adams be detained in a place other than a hospital situated in New South Wales.

Orders

  • ['Order, pursuant to s27 of the Mental Health (Criminal Procedure) Act 1990, that Debbie Marie Adams be detained in a place other than a hospital situated in New South Wales.']