R v JH (no 2) [2024] NSWDC 56

District Court New South Wales

Medium Neutral Citation: R v JH (no 2) [2024] NSWDC 56 Hearing dates: 1 December 2023 22 February 2024 Date of orders: 22 February 2024 Decision date: 22 February 2024 Jurisdiction: Criminal Before: Newlinds SC DCJ Decision: See paragraphs [68] – [71] Catchwords: CRIMINAL LAW – Sentence – Indecent assault – Special Hearing – Penalty pursuant to s59(1) Mental Health and Cognitive Impairment Act 2020 NSW – Offender suffering from Alzheimer disease causing dementia – Proper construction of s65(2) "may make orders", "place of detention" – Court has power to order detention at nursing home facility. Legislation Cited: Crimes Act Crimes (Sentencing Procedure) Act 1999 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 NSW. Cases Cited: DPP (Cth) v De La Rosa [2010] 79 NSWLR 1 Moyler v R [2021] NSWCCA 73 Muldrock v R [2011] 244 CLR 120 R v AB [2015] NSWCCA 57 R v JH 2023 NSWDC 391 R v Mailes [2004] 62 NSWLR 181 R v Wilson [2019] NSWSC 529 Category: Sentence Parties: The Crown JH Representation: Counsel: Mr Triscari – The Crown Mr Tyler Scott – The Defendant

Solicitors: The Director of Public Prosecutions – The Crown Karim Criminal Defence Lawyers – The defendant File Number(s): 2021/283176 Publication restriction: There is to be no publication of the name of the complainant or of any material which may tend to identify the complainant.