R v Boujandy (No. 4) [2023] NSWDC 124

District Court New South Wales

Medium Neutral Citation: R v Boujandy (No. 4) [2023] NSWDC 124 Hearing dates: 5 September 2022 6 September 2022 7 September 2022 8 September 2022 9 September 2022 12 September 2022 13 September 2022 15 September 2022 20 October 2022 28 March 2023 Date of orders: 28 March 2023 Decision date: 28 March 2023 Jurisdiction: Criminal Before: Montgomery DCJ Decision: (1) The penalty hearing is to continue on 13 and 14 July 2023. (2) I confirm Order 5 made 1 December 2022 and direct a report pursuant to s 66(1) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 by a forensic psychiatrist as to the condition of the defendant and whether release of the defendant is likely to seriously endanger the safety of the defendant or any member of the public. Catchwords: CRIME – Procedure – Penalty Hearing following Special Hearing – s 32(1) Mental Health (Forensic Provisions Act 1990 – "in the course of the hearing of the proceedings" Legislation Cited: Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Criminal Procedure Act 1985 (NSW) Cases Cited: Mo v DPP [2023] NSWDC 27 Kitchingman v R [2023] NSWCCA 4 Category: Procedural rulings Parties: Rex (Crown) Charles Boujandy (Defendant) Representation: Counsel: Crown: Mr M Paish (Crown) Defendant: Ms S Carr (Defendant)