12 Jul 2019
On the psychiatrists' evidence the defendant suffers treatment‑resistant schizophrenia amounting to a mental impairment which, in context, prevents him from pleading, adequately understanding the nature, purpose or consequences of proceedings, and communicating with counsel for the purposes of conducting a defence; therefore he is unfit to stand trial and the scheduled trial must be vacated.
12 Dec 2018
The sentencing Judge erred by not adequately weighing rehabilitation and the statutory principle of the least restrictive outcome against the seriousness of offending; on fresh analysis home detention with appropriate conditions and community work can meet denunciation and deterrence and better facilitate rehabilitation, and the appellant should be placed on the Child Sex Offender Register.
23 Feb 2017
Although the three-strikes regime mandates a 10-year maximum and ordinarily precludes parole, the judge found on clear and convincing evidence that imposing the sentence without parole would be manifestly unjust given the offender's mental health history, limited prior rehabilitative opportunities, and relatively lower overall culpability; accordingly the court imposed the statutory maximum of 10 years imprisonment but set a minimum period of imprisonment of five years before parole eligibility.
19 Jul 2016
The Court granted leave to produce the existing psychiatric report and directed that Dr Skipworth or a suitably qualified delegate prepare a further report under s38 because the Crown withdrew its opposition and the production and update of the report were in the interests of justice to inform the appellant's insanity ground of appeal.
1 Dec 2011
Dr Asteriadis' report was inconclusive and described the appellant's pain condition as multi-factorial without establishing on the balance of probabilities that a mental injury was caused by the covered physical injury; therefore the Reviewer did not err in directing a further psychiatric assessment and the Court will not overturn that direction but dismisses the appeal.
17 Oct 2011
The Court accepted the psychiatrist's evidence that the assessed psychiatric impairment (net 23%) was attributable to covered sexual traumatisation and was not reduced on the basis of a non‑covered schizophrenia diagnosis; combined with 2% for knee injuries and deduction of a prior 10% Lump Sum award, the respondent's decision calculating a 15% net WPI for Independence Allowance was correct and supported by the evidence, so the appeal is dismissed.
14 Jul 2009
On the balance of probabilities, when the totality of medical evidence is absorbed, the combined effect of the appellant's injury-related back and leg pain and at least mild depressive disorder meant he could not work 35 hours or more per week as at 8 December 2004; accordingly ACC's decision of 8 December 2004 was unproven and incorrect and is quashed.
19 Jun 2008
An independent psychiatric report by an approved specialist (Dr Willamune, 30 March 2008) found on balance that the appellant's current medical condition is attributable to the 13 November 2000 traumatic brain injury; that evidence established causation and overturned ACC's contrary conclusion, so ACC's 14 March 2006 suspension of weekly compensation was incorrect and the appeal is allowed.
21 Apr 1997
The appellant's psychiatric condition, as worsened by the house fire and covered by the Act, rendered him unable to perform the tasks in the Schedule to the Home Help Regulations; therefore he is entitled to home help payments and arrears on that basis and to periodic re-assessment. The Corporation's discretion under s26A does not defeat entitlement where accident-related loss of independence is established.