R v Siemek (No. 2) [2021] NSWSC 1293

Supreme Court New South Wales

Medium Neutral Citation: R v Siemek (No. 2) [2021] NSWSC 1293 Hearing dates: 13 October 2021 Date of orders: 13 October 2021 Decision date: 13 October 2021 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: 1 Pursuant to s.33(1)(b) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, the Court orders that Justin Karl Siemek be detained in a correctional facility, or at such other place as may be determined from time to time by the Mental Health Review Tribunal, until released by due process of law. 2 Pursuant to s.34 Mental Health and Cognitive Impairment Forensic Provisions Act 2020, the Court refers Justin Karl Siemek to the Mental Health Review Tribunal. 3 In addition: (a) The Registrar is to notify the Minister for Health and Medical Research, as soon as practicable, of the making of these orders. (b) The Registrar is to notify the Mental Health Review Tribunal, as soon as practicable, of the making of these orders and is to provide to that Tribunal the following documentation: (i) a copy of the Court's reasons for verdict and for making these orders; (ii) the transcript of the trial; (iii) copies of exhibits from the trial including the reports of Professor Greenberg and Dr Furst; (iv) a copy of the victim impact statement of Kelly Hipolito. (c) The Registrar is directed to notify Justice Health and Forensic Mental Health Network, as soon as practicable, of the verdict and orders in this matter and to provide to Justice Health copies of the following documents: (i) a copy of the reasons of the Court for verdict and making these orders; (ii) copies of the reports of Professor Greenberg and Dr Furst. Catchwords: CRIME – Judge alone trial – murder – special verdict of "act proven but not criminally responsible" – consideration of orders to be made under ss.33 and 34 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 – victim impact statement of family member received under s.30L Crimes (Sentencing Procedure) Act 1999 – importance of victim impact statement – orders made including order for detention until release by due process of law Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 Cases Cited: Attorney General of NSW v X (2013) 235 A Crim R 17; [2013] NSWSC 1392 R v Kemball [2020] NSWSC 1559 Texts Cited: --- Category: Sentence Parties: Regina (Crown) Justin Karl Siemek (Accused) Representation: Counsel: Mr BN Queenan (Crown) Mr B Neild (Accused)