R v Papley (No 3) [2017] NSWSC 1415

R v Papley (No 3) [2017] NSWSC 1415

Ms Papley should be released from custody as, on the balance of probabilities, the safety of herself or any member of the public will not be seriously endangered by her release, provided she complies with orders of the Mental Health Review Tribunal.

Jurisdiction
Australia
Judgment Date
17 October 2017
Procedural Posture
Criminal / Post Verdict Disposition Following Judge Alone Murder Trial
Outcome
Ms Papley released from custody subject to compliance with orders of the Mental Health Review Tribunal
Legal Topics
['mental Illness Defence' 'conditional Release' 'murder Trial' 'risk Assessment']
['mental Health Law' 'criminal Law'] ['mental Illness Defence' 'conditional Release' 'murder Trial' 'risk Assessment']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Post Verdict Disposition Following Judge Alone Murder Trial

Legal Issues

  1. 1 ['Disposition after special verdict of not guilty by reason of mental illness' 'Assessment of risk to the defendant and to the public if released' 'Conditions appropriate for release under Mental Health (Forensic Provisions) Act 1990 (NSW) s 39']

Ratio Decidendi

Ms Papley should be released from custody as, on the balance of probabilities, the safety of herself or any member of the public will not be seriously endangered by her release, provided she complies with orders of the Mental Health Review Tribunal.

Court Disposition

Ms Papley released from custody subject to compliance with orders of the Mental Health Review Tribunal

Orders

  • ['Ms Papley be released from custody subject to a condition that she comply with such orders as may be made from time to time by the Mental Health Review Tribunal']