7 Jul 2023
The application was declined because the privacy and confidentiality interests of the vulnerable defendant under r12(d) outweigh the public interest in disclosure, there was no satisfactory proof of authority from the father to consent to release, and open justice was satisfied by publication of Nation J's judgment which contained relevant material.
4 Apr 2022
The District Court judge lacked statutory authority to make a pretrial determination of insanity without the Crown's agreement and without independently assessing the evidence; because the Crown accepted the miscarriage and retrial was unnecessary the appropriate remedy was to allow the appeal and order that there be no retrial.
16 Dec 2021
Given the aggravating facts (deliberate dangerous driving crossing into oncoming traffic causing three deaths and serious injury) a 10-year starting point for imprisonment was appropriate; the offender's severe untreated schizophrenia required substantial mitigation (25% reduction) but did not eliminate the need for imprisonment; additional deductions were applied (5% credit for lack of convictions/poor driving record, 20% for early guilty plea, and 5 months credit for restrictive EM bail) resulting in an effective term of 4 years 5 months; expert evidence satisfied statutory threshold for de…
21 Jun 2021
On uncontested expert psychiatric evidence the defendant was suffering from schizophrenia with commanding auditory hallucinations at the time of the killing and was therefore incapable of knowing his actions were morally wrong within the meaning of s23 Crimes Act; accordingly under s20(2) CPMIP the Court recorded a verdict of not guilty by reason of insanity and ordered detention as a special patient under s24(2)(a) CPMIP as necessary to protect the public.
1 Jun 2021
On the evidence of multiple experts and supporting factual material the defendant was suffering a disease of the mind (schizophrenia/schizoaffective disorder) at the time of the killing and, by reason of that disease, was incapable of knowing his act was morally wrong; the prosecution agreed and statutory s20(2) criteria were met, so the Court must record not guilty by reason of insanity and, pursuant to s24(1)(c), detain him as a special patient in hospital.
14 Oct 2020
On the balance of probabilities the defendant was suffering from schizophrenia (a disease of the mind) at the time of the homicide and, while he understood the physical nature and quality of his acts, he lacked the capacity to know those acts were morally wrong; accordingly he is not guilty by reason of insanity under s23 Crimes Act 1961 and, given the risk to public safety and expert psychiatric evidence, he must be detained as a special patient under s24(2)(a).
20 Apr 2020
Leave to appeal dismissed because the Court of Appeal correctly concluded the proceedings were not proceedings "under" the MHA for s 25 purposes, applied s 200 CPA appropriately, identified no error of law or fact warranting further appeal, and found no matter of general or public importance or risk of miscarriage of justice justifying leave.
7 Oct 2019
On the balance of probabilities, having considered the forensic pathology, multiple witness accounts, numerous recorded admissions and health assessors' reports, the court was satisfied that Mr Church caused the death and that, given his treatment‑resistant schizophrenia, intellectual disability, ongoing risk and need for structured treatment and oversight, detention in a hospital as a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992 was necessary in the interests of the public and the patient and therefore ordered.
18 Mar 2019
On the basis of cogent psychiatric evidence from two psychiatrists the Court was satisfied that Mr Gilchrist was legally insane under s 23 Crimes Act 1961 at the time of the killing; the Crown conceded that no verdict other than not guilty by reason of insanity was available; accordingly the Court entered a verdict of not guilty by reason of insanity and ordered detention as a Special Patient pursuant to s 24(2)(a) of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (to be detained under the Mental Health (Compulsory Assessment and Treatment) Act 1992).