R v Wilson (No 6) [2019] NSWSC 529

R v Wilson (No 6) [2019] NSWSC 529

Section 27(b) did not compel detention in a correctional centre. It permitted detention in a place other than a mental health facility, but where the proposed place was not a correctional centre or mental health facility the Court had to be satisfied on the evidence that the place was not a mental health facility and was a place where Ms Wilson could be detained. The evidence established that the locked ward at Shellharbour Hospital was not a mental health facility and that Ms Wilson was restrained there and not free to leave, so detention there could be ordered. The evidence did not identify any specific aged care facility or establish that such a facility was not a mental health...

Jurisdiction
Australia
Judgment Date
10 May 2019
Procedural Posture
Criminal Proceeding Involving Forensic Mental Health Orders After Special Hearing and Limiting Term / Determination of Detention Order Under S 27 of the Mental Health (forensic Provisions) Act 1990 (nsw) Following Mental Health Review Tribunal Determination
Outcome
Ms Wilson's bail was revoked and she was ordered to be detained in the locked ward at Shellharbour Hospital where she was presently admitted.
Legal Topics
['unfitness to Stand Trial' 'special Hearing' 'limiting Term' 'forensic Patient Detention' 'meaning of Detained' 'place Other Than a Mental Health Facility' 'mental Health (forensic Provisions) Act 1990 (nsw), S 27']
['criminal Law' 'mental Health Law' 'statutory Interpretation'] ['unfitness to Stand Trial' 'special Hearing' 'limiting Term' 'forensic Patient Detention' 'meaning of Detained' 'place Other Than a Mental Health Facility' 'mental Health (forensic Provisions) Act 1990 (nsw), S 27']

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Procedural Posture

Criminal Proceeding Involving Forensic Mental Health Orders After Special Hearing and Limiting Term / Determination of Detention Order Under S 27 of the Mental Health (forensic Provisions) Act 1990 (nsw) Following Mental Health Review Tribunal Determination

Legal Issues

  1. 1 ['Whether, after the Tribunal determined that Ms Wilson was not suffering from mental illness but was suffering from a mental condition for which treatment was not available in a mental health facility, the Court had to order detention under s 27(b) of the Mental Health (Forensic Provisions) Act 1990 (NSW).' 'Whether s 27(b) required Ms Wilson to be detained in a correctional facility or permitted detention in another specified place, such as a locked medical ward or aged care facility.' 'Whether the evidence established that the locked ward at Shellharbour Hospital, or an unspecified locked aged care facility, was not a mental health facility and was a place where Ms Wilson could be detained.']

Ratio Decidendi

Section 27(b) did not compel detention in a correctional centre. It permitted detention in a place other than a mental health facility, but where the proposed place was not a correctional centre or mental health facility the Court had to be satisfied on the evidence that the place was not a mental health facility and was a place where Ms Wilson could be detained. The evidence established that the locked ward at Shellharbour Hospital was not a mental health facility and that Ms Wilson was restrained there and not free to leave, so detention there could be ordered. The evidence did not identify any specific aged care facility or establish that such a facility was not a mental health...

Court Disposition

Ms Wilson's bail was revoked and she was ordered to be detained in the locked ward at Shellharbour Hospital where she was presently admitted.

Orders

  • ["Ms Wilson's bail is revoked." 'Ms Wilson be detained in the locked ward at Shellharbour Hospital where she is presently admitted.']