A.N (No. 2) v Regina [2006] NSWCCA 218

A.N (No. 2) v Regina [2006] NSWCCA 218

The Court has both the power and the discretion to make orders under s 24(1)(b) and s 27(b) to detain the applicant in a juvenile justice detention centre for the duration of the limiting term; it is not lawful to order that only part of a limiting term be served in detention. Given the seriousness of the offences, insufficient time served, and the need for statutory review, ongoing detention with review under the Mental Health Act is required.

Jurisdiction
Australia
Judgment Date
24 July 2006
Procedural Posture
Criminal Appeal / Post Special Hearing; Determination of Appropriate Orders Following Mental Health Review Tribunal Notification
Outcome
Orders made under s 24(1)(b) (retrospectively from 6 July 2005) and s 27(b) that the applicant be detained for the limiting term in a juvenile justice detention centre.
Legal Topics
['limiting Terms' 'unfitness to Be Tried' 'mental Health (criminal Procedure) Act 1990' 'powers of Detention' 'forensic Patients' 'custody Orders']
['criminal Law' 'mental Health Law'] ['limiting Terms' 'unfitness to Be Tried' 'mental Health (criminal Procedure) Act 1990' 'powers of Detention' 'forensic Patients' 'custody Orders']

Case Brief

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Procedural Posture

Criminal Appeal / Post Special Hearing; Determination of Appropriate Orders Following Mental Health Review Tribunal Notification

Legal Issues

  1. 1 ['Whether the Court can now make an order pursuant to s 24(1)(b) of the Mental Health (Criminal Procedure) Act effective from 6 July 2005;' 'Whether the Court can make an order under s 27(b) for the detention of the applicant;' 'Whether the Court has a discretion to make an order under s 27(b);' 'Whether it is appropriate to make an order under s 27(b) in the circumstances;' 'Whether the Court can order that only part of the limiting term be served in detention.']

Ratio Decidendi

The Court has both the power and the discretion to make orders under s 24(1)(b) and s 27(b) to detain the applicant in a juvenile justice detention centre for the duration of the limiting term; it is not lawful to order that only part of a limiting term be served in detention. Given the seriousness of the offences, insufficient time served, and the need for statutory review, ongoing detention with review under the Mental Health Act is required.

Court Disposition

Orders made under s 24(1)(b) (retrospectively from 6 July 2005) and s 27(b) that the applicant be detained for the limiting term in a juvenile justice detention centre.

Orders

  • ['Order pursuant to s 24(1)(b) of the Mental Health (Criminal Procedure) Act effective from 6 July 2005 and until further order that the applicant be detained in Frank Baxter Juvenile Justice Detention Centre.' 'Order pursuant to s 27(b) of the Mental Health (Criminal Procedure) Act that the applicant be henceforth...