R v Norman Steven FIELD [2008] NSWSC 85

R v Norman Steven FIELD [2008] NSWSC 85

Given Mr Field's severe, treatment-resistant schizophrenia and ongoing risk factors, it is not currently safe to conditionally release him into the community. The appropriate order is detention in custody until transfer to a secure forensic facility with provisions for escorted leave, as deemed appropriate by the treating unit.

Jurisdiction
Australia
Judgment Date
22 February 2008
Procedural Posture
Criminal / Post Verdict, Consequential Orders
Outcome
Order made for detention pending transfer to the Bunya Forensic Unit with potential for escorted leave as determined by unit staff.
Legal Topics
['defence of Mental Illness' 'consequential Orders After Acquittal on Mental Illness Grounds']
['criminal Law' 'mental Health Law'] ['defence of Mental Illness' 'consequential Orders After Acquittal on Mental Illness Grounds']

Case Brief

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Procedural Posture

Criminal / Post Verdict, Consequential Orders

Legal Issues

  1. 1 ['What orders should be made pursuant to s 39 of the Mental Health (Criminal Procedure) Act 1990 regarding the accused after an acquittal on grounds of mental illness?' 'Should Norman Steven Field be detained, released, or subject to conditional release given his mental health condition and risk factors?']

Ratio Decidendi

Given Mr Field's severe, treatment-resistant schizophrenia and ongoing risk factors, it is not currently safe to conditionally release him into the community. The appropriate order is detention in custody until transfer to a secure forensic facility with provisions for escorted leave, as deemed appropriate by the treating unit.

Court Disposition

Order made for detention pending transfer to the Bunya Forensic Unit with potential for escorted leave as determined by unit staff.

Orders

  • ['Norman Steven Field to be detained in custody of the Department of Corrective Services until transfer to the Bunya Forensic Unit at Cumberland Hospital when a place is available.' 'Upon transfer, Norman Steven Field to be detained at the Bunya Unit; possible release on escorted leave in hospital grounds or...