Federal Court of Australia
x
CATCHYORDS CRIMINAL LAW - person unfit to plead - detention in gaol 'for an indefinite period' - order for transfer 'to safe custody within an institution' at a future date - no institution of the type contemplated in existence at the time order made - power of
Supreme Court to make order for later transfer without specifying
institution - power to make order involving expenditure of public money to provide particular type of institution - desirability
that any order for custody be for a fixed term - power to hold in custody under criminal law once it is clear person will never be
fit to plead.
PRACTICE AND PROCEDURE - parties - person unfit to plead - should
be represented by next friend in proceedings concerning custedy.
Criminal Law Consolidation Act (NT) s.382A
Mental. Health Act (NT) s.10
THE QUEEN v CARL JABANARDI
No. NTG 9 of 1983
Woodward, Muirhead and Jenkinson Ju.
Melbourne 11 August 1983
Fad
od
IN THE FEDERAL COURT OF AUSTRALIA
NORTHDRN TERRITORY OF AUSTRALIA
No. NTG 9 of 1983 DISTRICT REGISTRY
GENERAL DIVISION
ee ee
ON APPEAL FROM THE SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA
BETWEEN: THE QUEEN Appellant and CARL JABANARDI Respondent ORDER
JUDGES MAKING ORDER: Woodward, Muirhead and Jenkinson JJ.
DATE OF ORDER: ll August 1983
WHERE MADE: Melbourne
THE COURT ORDERS THAT:
i. The appeal and cross appeal be upheld. 2. The order of Nader J. dated 30 March 1983 be set aside.
3. The matter be referred back to Nader J. for further consideration in the Light of the evidence placed before this Court and any new material or arguments which may be placed before him.
IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY OF AUSTRALIA
DISTRICT REGISTRY
ee ee eed
GENERAL DIVISION
No. NIG 9 of 1983
ON APPEAL FROM THE SUPREME COURT OF THE
NORTHERN TERRITORY OF AUSTRALIA
BETWEEN: THE QUEEN and
CARL JABANARDI
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