Laxale by his tutor Johnson v Sydney Local Health District [2024] NSWSC 994

Supreme Court New South Wales

Medium Neutral Citation: Laxale by his tutor Johnson v Sydney Local Health District [2024] NSWSC 994 Hearing dates: 3 July 2024 Decision date: 13 August 2024 Jurisdiction: Common Law Before: Button J Decision: 1. Contested declaration made. 2. Costs reserved. Catchwords: MENTAL HEALTH – where plaintiff charged with federal offence – found unfit to be tried in District Court – schizophrenia and cognitive impairment – prima facie case established – continued detention in hospital ordered pursuant to s 20BC of the Crimes Act 1914 (Cth) – concurrent detention as involuntary patient pursuant to State legislation – plaintiff held indoors within particular unit of mental health centre within hospital continuously for 18 months in purported compliance with order – declaration sought that order made does not prevent plaintiff from having supervised access to grounds of hospital and supervised leave outside those grounds – statutory construction of phrase "detained in a hospital" – expansive version of declaration made Legislation Cited: Crimes Act 1914 (Cth) ss 19AZD, 20B, 20BC, 20BD Criminal Code 1995 (Cth) s s 474.26(1) Mental Health Act 2007 (NSW) ss 4, 35 Cases Cited: Graham v State of New South Wales [1989] NSWCA 89 Independent Liquor and Gaming Authority v Whitebull HTL Pty Ltd; Independent Liquor and Gaming Authority v Area Hotel UT Pty Ltd; Independent Liquor and Gaming Authority v The Griffith Hotel Pty Ltd [2023] NSWCA 224 R v Laxale [2022] NSWDC 398 R v Laxale (No.2) [2022] NSWDC 533 Category: Principal judgment Parties: Kurt Laxale by his tutor Katherine Johnson (Plaintiff) Sydney Local Health District (Second Defendant) Attorney-General (Commonwealth) (Third Defendant) Representation: Counsel: J Emmett SC with K Bones (Plaintiff) D Farinha (Second Defendant) T Glover with H Robinson (Third Defendant)