20 Feb 2023
On the evidence of two health assessors the defendant is mentally impaired and presently unfit to stand trial, and on the balance of probabilities the Crown's factual material (Coroner, crash report, witness statements and technical evidence) establishes that the defendant caused the death by dangerous driving while over the legal alcohol limit; accordingly inquiries under s23 are directed and interim orders follow.
29 Aug 2019
The defendant was found mentally impaired and unfit to stand trial because, although he adequately understood the nature and consequences of the proceedings, he could not communicate adequately with counsel to conduct a defence; the evidence is sufficient to establish he caused the act; accordingly the court ordered inquiries under ss24/25 and remanded him to Mason Clinic with detention under s44(1); a disposition hearing was set for 26 September 2019.
20 Jul 2018
An order detaining the defendant as a special patient under s 24(2)(a) was necessary because the balance of probabilities supported that she caused the act forming the basis of the charge, she poses ongoing and significant risks to others and herself, her combined intellectual disability and mental disorder create complex treatment needs best met in a secure hospital setting with coordinated forensic psychiatric and intellectual disability services and statutory oversight, and the necessity threshold for a s 24(2) order was therefore satisfied.