R v Boujandy (No. 4) [2023] NSWDC 124

R v Boujandy (No. 4) [2023] NSWDC 124

The Court determined that as the proceedings have not been finally disposed of, it retains jurisdiction to proceed under s 32 Mental Health (Forensic Provisions) Act 1990 concerning the s 166 charges, and accordingly the penalty hearing is to continue; a forensic psychiatric report is required before determining whether conditional or unconditional orders are appropriate.

Jurisdiction
Australia
Judgment Date
28 March 2023
Procedural Posture
Criminal / Penalty Hearing Following Special Hearing
Outcome
Adjournment of penalty hearing and confirmation of previous order for forensic psychiatric report; no final disposal of the charges at this stage.
Legal Topics
['penalty Hearing' 'special Hearing' 'mental Health Orders' 'dismissal of Charges']
['criminal Law' 'mental Health Law'] ['penalty Hearing' 'special Hearing' 'mental Health Orders' 'dismissal of Charges']

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Procedural Posture

Criminal / Penalty Hearing Following Special Hearing

Legal Issues

  1. 1 ['Whether the penalty hearing can proceed under s 32 Mental Health (Forensic Provisions) Act 1990 after special hearing and finding of commission of offences under s 166 Criminal Procedure Act 1985' 'Whether court retains power to make orders under s 32 regarding dismissal of s 166 charges and discharge of defendant' 'Whether the hearing of the proceedings has been finally disposed of for s 32 purposes']

Ratio Decidendi

The Court determined that as the proceedings have not been finally disposed of, it retains jurisdiction to proceed under s 32 Mental Health (Forensic Provisions) Act 1990 concerning the s 166 charges, and accordingly the penalty hearing is to continue; a forensic psychiatric report is required before determining whether conditional or unconditional orders are appropriate.

Court Disposition

Adjournment of penalty hearing and confirmation of previous order for forensic psychiatric report; no final disposal of the charges at this stage.

Orders

  • ['The penalty hearing is to continue on 13 and 14 July 2023.' 'Order 5 made 1 December 2022 is confirmed and a report is directed pursuant to s 66(1) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 by a forensic psychiatrist regarding the condition of the defendant and whether release is likely...