R v McKellar (No 6) [2014] NSWSC 1169

R v McKellar (No 6) [2014] NSWSC 1169

Because the Tribunal determined that the offender was suffering from mental illness, s 27(a) was engaged and the Court was required to order detention in a defined mental health facility. The Metropolitan Reception and Remand Centre was not a declared mental health facility and there was nothing to suggest it was a private mental health facility, so the Court could not order detention there despite the Tribunal's recommendation.

Jurisdiction
Australia
Judgment Date
22 August 2014
Procedural Posture
Common Law Criminal / Procedural and Other Ruling Following Mental Health Review Tribunal Determination After Imposition of Limiting Term
Outcome
The offender is to be detained in a mental health facility, with the Mental Health Review Tribunal to determine the particular defined mental health facility from time to time.
Legal Topics
['mental Health Review Tribunal' 'forensic Patients' 'detention in Mental Health Facility' 'statutory Construction']
['criminal Law' 'mental Health Law'] ['mental Health Review Tribunal' 'forensic Patients' 'detention in Mental Health Facility' 'statutory Construction']

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Procedural Posture

Common Law Criminal / Procedural and Other Ruling Following Mental Health Review Tribunal Determination After Imposition of Limiting Term

Legal Issues

  1. 1 ['Whether, after the Mental Health Review Tribunal determined that the offender was suffering from mental illness, the Court could order detention in a place other than a defined mental health facility.' 'Whether the Metropolitan Reception and Remand Centre was a mental health facility within the meaning of the Mental Health (Forensic Provisions) Act 1990 (NSW) and the Mental Health Act 2007 (NSW).']

Ratio Decidendi

Because the Tribunal determined that the offender was suffering from mental illness, s 27(a) was engaged and the Court was required to order detention in a defined mental health facility. The Metropolitan Reception and Remand Centre was not a declared mental health facility and there was nothing to suggest it was a private mental health facility, so the Court could not order detention there despite the Tribunal's recommendation.

Court Disposition

The offender is to be detained in a mental health facility, with the Mental Health Review Tribunal to determine the particular defined mental health facility from time to time.

Orders

  • ['The offender is to be detained in a mental health facility.' 'The Mental Health Review Tribunal may determine from time to time the particular defined mental health facility in which the offender should be detained.']