Denise Jane LEE v R [2020] NSWDC 770

District Court New South Wales

Medium Neutral Citation: Denise Jane LEE v R [2020] NSWDC 770 Hearing dates: 8 October 2020 Date of orders: 23 October 2020 Decision date: 23 October 2020 Jurisdiction: Criminal Before: Wass SC DCJ Decision: I allow the appeal. I dismiss the charges and discharge the appellant into the care of Dr O'Dea, with the following conditions: 1. The appellant is to remain in treatment in care of Dr O'Dea or any other qualified practitioner as she may be referred to from time to time; and 2. She is also to remain in the care of her current general practitioner or any other such general practitioner as she may be referred to from time to time. Catchwords: CRIME — Appeals — Appeal against sentence — Re-sentence — application under s 32 Mental Health (Forensic Provisions) Act 1990 (NSW) — application under s 20BQ of the Crimes Act 1914 (Cth) — charges dismissed Legislation Cited: Mental Health (Forensic Provisions) Act 1990 (NSW) Crimes Act 1914 (Cth) Category: Principal judgment Parties: Denise Jane Lee (Appellant) Director of Public Prosecutions (Crown) Representation: Counsel: Mr Boulten SC (Appellant) Mr Higgins (Appellant)

Solicitors: Lenz Legal (Appellant) Director of Public Prosecutions (Crown) File Number(s): 2017/56805 Publication restriction: Nil Decision under appeal Court or tribunal: Local Court of New South Wales Jurisdiction: Crime Citation: Unreported Date of Decision: 18 March 2020 Before: Magistrate M Barko File Number(s): 2017/56805