R v Brass [2023] NSWSC 203

Supreme Court New South Wales

Medium Neutral Citation: R v Brass [2023] NSWSC 203 Hearing dates: 9 March 2023 Decision date: 09 March 2023 Jurisdiction: Common Law Before: Wilson J Decision: (1) Pursuant to s 33(1)(b) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), Ms Brass is to be detained at the Cumberland Hospital, Bunya Unit, Inpatient Mental Health Rehabilitation Service at Westmead or at such other place as determined from time to time by the Mental Health Review Tribunal, until she is released by due process of law. (2) Pursuant to s 30N(3) of the Crimes (Sentencing Procedure) Act 1999 (NSW), the Victim Impact Statement which the Court received from the eldest child of Ms Brass is to be disclosed to the legal representatives of Ms Brass, on condition that the statement not be further disclosed to any other person or institution. (3) Pursuant to s 30N(4) of the Crimes (Sentencing Procedure) Act 1999 (NSW), I direct the Registrar of this Court to provide to the Mental Health Review Tribunal a copy of the statement to which I have just referred. (4) The Registrar of this Court is directed: (a) to notify the Minister for Health as soon as practicable as to the making of these orders; and (b) to notify the Mental Health Review Tribunal as soon as practicable as to the making of these orders, providing the Tribunal with a copy of the Reasons of the Court today, a copy of Dr Adam Martin's report of 21 February 2023, a copy of Dr Stephen Allnutt's report of 7 March 2023, and a copy of Dr Hindol Mukherjee's report of 8 March 2023. Catchwords: MENTAL HEALTH – criminal proceedings – referral to Mental Health Review Tribunal – orders following special verdict – s 33(1)(b) – immediate discharge into the community not the best course – release into community to occur in a structured, staged way Legislation Cited: Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Category: Consequential orders Parties: Rex (Crown) Bodelle Maree Brass (Defendant) Representation: Counsel: A Robertson (Crown) R Pontello SC (Defendant)