Squires v R [2022] NSWDC 147

Squires v R [2022] NSWDC 147

The applicant was suffering from a mental illness (bi-polar disorder) at the time of the offence which contributed to his behaviour; the crime was below mid-range of objective seriousness; he has no prior criminal record and supports ongoing treatment; it is more appropriate that he be diverted under s 32 with a mental health treatment plan, rather than punished according to law. The conviction and sentence are set aside, the charge is dismissed, and the applicant is discharged into care with conditions.

Jurisdiction
Australia
Judgment Date
11 February 2022
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence; Application Under S 32 Mental Health (forensic Provisions) Act 1990
Outcome
Conviction and sentence set aside; charge dismissed; applicant discharged on condition of compliance with mental health plan; apprehended violence order set aside.
Legal Topics
['appeal Against Conviction and Sentence' 'mental Illness and Diversion From Criminal Justice System' 'intimidation Offence' 'apprehended Violence Order']
['criminal Law' 'mental Health Law'] ['appeal Against Conviction and Sentence' 'mental Illness and Diversion From Criminal Justice System' 'intimidation Offence' 'apprehended Violence Order']

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Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence; Application Under S 32 Mental Health (forensic Provisions) Act 1990

Legal Issues

  1. 1 ['Whether the applicant was suffering from a mental illness at the time of the offence' 'Whether it is more appropriate to divert the applicant from the criminal justice system under s 32 Mental Health (Forensic Provisions) Act 1990' 'Whether orders and conviction in Local Court should be set aside']

Ratio Decidendi

The applicant was suffering from a mental illness (bi-polar disorder) at the time of the offence which contributed to his behaviour; the crime was below mid-range of objective seriousness; he has no prior criminal record and supports ongoing treatment; it is more appropriate that he be diverted under s 32 with a mental health treatment plan, rather than punished according to law. The conviction and sentence are set aside, the charge is dismissed, and the applicant is discharged into care with conditions.

Court Disposition

Conviction and sentence set aside; charge dismissed; applicant discharged on condition of compliance with mental health plan; apprehended violence order set aside.

Orders

  • ['Conviction recorded and sentence passed by Local Court at Waverley on 16 April 2021 set aside.' 'Charge dismissed.' 'Applicant discharged into care of Mr David Marishel, clinical psychologist, on condition he comply with mental health plan (Exhibit 4) as amended to require engagement with psychiatrist by 31 March...