Khoury v R (No 2) [2021] NSWDC 435

Khoury v R (No 2) [2021] NSWDC 435

The appellant is eligible and it is appropriate to deal with him under s 32 rather than by sentence at law, as his offending was directly related to his mental health condition and the diversionary pathway addresses the moderated culpability and reduces the need for denunciation or deterrence by conventional punishment.

Parties
Appellant: Mr Khoury; Respondent: Regina
Jurisdiction
Australia
Judgment Date
21 July 2021
Procedural Posture
Criminal Appeal / Appeal From Local Court to District Court
Outcome
Appellant to be dealt with under s 32 and not by sentence at law.
Legal Topics
Appeal From Local Court, Section 32 Application, Conditional Release Order, Apprehended Domestic Violence Order, Adjustment Disorder
Criminal Law Mental Health Law Appeal From Local Court Section 32 Application Conditional Release Order Apprehended Domestic Violence Order Adjustment Disorder

Case Brief

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Parties

Mr Khoury

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal From Local Court to District Court

Legal Issues

  1. 1 Whether the appellant should be dealt with under s 32 of the Mental Health (Forensic Provisions) Act 1990 (NSW) instead of by sentence at law

Ratio Decidendi

The appellant is eligible and it is appropriate to deal with him under s 32 rather than by sentence at law, as his offending was directly related to his mental health condition and the diversionary pathway addresses the moderated culpability and reduces the need for denunciation or deterrence by conventional punishment.

Court Disposition

Appellant to be dealt with under s 32 and not by sentence at law.

Orders

  • To comply with treatment pursuant to mental health care plan devised by Dr El-Wahsh from time to time and all modality and requirements of treatment as directed by Ms Rola Chamoun from time to time.
  • Compliance with mental health care plan and treatment to be supervised by Ms Chamoun, who is to report any breach to the court promptly.