R v Louie [2024] NSWChC 10

Children's Court New South Wales

Medium Neutral Citation: R v Louie [2024] NSWChC 10 Hearing dates: 21 June 2024 Date of orders: 21 June 2024 Decision date: 21 June 2024 Jurisdiction: Criminal Before: Children's Magistrate Hayes Decision: Community Treatment Order made Catchwords: CHILDREN — CRIME — Community Treatment Order — Youth Koori Court Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) Mental Health Act 2007 (NSW) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Mental Health (Criminal Procedure) Act 1990 (NSW) Cases Cited: Bugmy v The Queen [2013] HCA 37 Confos v Director of Public Prosecutions (NSW) [2004] NSWSC 1159 Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194 R v Dickison [2004] NSWCCA 457 KT v R [2008] NSWCCA 51 R v Israil (2002) NSWCCA 225 Texts Cited: Bugmy Bar Book Bureau of Crime Statistics and Research (BOCSAR) December 2023 Closing the Gap Summary Report by Dr Don Weatherburn and Jessie Holmes Mental Illness Defence and Diversionary Orders by Magistrate Huntsman Category: Principal judgment Parties: Louie (Young Person) Representation: Mr Hong (Prosecutor)

Ms Gillies (Solicitor for the Young Person) File Number(s): 2023/00345099 Publication restriction: Pseudonyms have been used to protect the identity of the Young Person.

JUDGMENT

PARTIES/PROCEEDINGS 1. Louie is Pitjantjatjara (of the Central Australian Desert). 2. Louie is 17 years old. 3. Louie has six sets of serious offences, all with several sequences. Many involve violence and/or weapons. 4. The Court is asked to make a Community Treatment Order (CTO) under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) (the Act). 5. A CTO is a legal order. It sets out the terms of compulsory treatment under which a person must accept medication and therapy, counselling, management, rehabilitation, and other services while living in the community: s 51 of the Mental Health Act 2007 (NSW) (MHA). 6. It is implemented by a mental health facility that has developed an appropriate treatment plan. 7. If a person breaches a CTO by not complying with the conditions of the Order, the person may be taken to a mental health facility and given appropriate treatment, including medication. 8. A CTO is opposed by the prosecution because of the seriousness of the charges. 9. Ironically, there is an argument that in matters involving children, serious matters are ideally suited to be diverted from the criminal justice system to better achieve the Act's three key objectives of community safety, appropriate responses that decrease reoffending, and the efficient and effective use of court resources.