R v Brett MACPHERSON [2010] NSWDC 132

R v Brett MACPHERSON [2010] NSWDC 132

Given the offender's mental illness and the arrangements for his immediate care and supervision in Canada, release under s 20BJ(4) with strict conditions is more appropriate than detention in Australia.

Jurisdiction
Australia
Judgment Date
07 April 2010
Procedural Posture
Criminal / Sentence After Verdict of Not Guilty by Reason of Mental Illness
Outcome
Release from custody subject to conditions under supervision of his mother and to travel to Canada for psychiatric care.
Legal Topics
['sentencing Orders' 'mental Illness Defence' 'acquittal Under S 20 BJ Crimes Act 1914 (cth)']
['criminal Law' 'mental Health'] ['sentencing Orders' 'mental Illness Defence' 'acquittal Under S 20 BJ Crimes Act 1914 (cth)']

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Procedural Posture

Criminal / Sentence After Verdict of Not Guilty by Reason of Mental Illness

Legal Issues

  1. 1 ['What is the appropriate order to make following a verdict of not guilty by reason of mental illness for importing a large quantity of a prohibited drug?']

Ratio Decidendi

Given the offender's mental illness and the arrangements for his immediate care and supervision in Canada, release under s 20BJ(4) with strict conditions is more appropriate than detention in Australia.

Court Disposition

Release from custody subject to conditions under supervision of his mother and to travel to Canada for psychiatric care.

Orders

  • ['Brett Adam MacPherson is to be released forthwith from custody into the supervision of his mother.' 'He is to obey all her directions in relation to travel and medication.' 'He is to attend immediately upon the Commonwealth Department of Immigration and the Consul-General of Canada and do all things necessary to...