R v Fineanganafo (No 2) [2024] NSWSC 1407

Supreme Court New South Wales

Medium Neutral Citation: R v Fineanganafo (No 2) [2024] NSWSC 1407 Hearing dates: 14 November 2024 Date of orders: 14 November 2024 Decision date: 14 November 2024 Jurisdiction: Common Law - Criminal Before: Davies J Decision: (1) Under s 33(3) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) ("the Act") I am not satisfied on the current material, on the balance of probabilities, that the safety of the defendant or any member of the public will not seriously be endangered by his release. (2) Pursuant to ss 33 and 34 of the Act the defendant is to be detained in a correctional facility or such other place as determined by the Mental Health Review Tribunal, until he is released by due process of law. (3) The Registrar is to notify the Minister of Health of the order made by me on 8 November 2024 and of these orders within 7 days. (4) The Registrar is to notify the Mental Health Review Tribunal of the verdict, of the order made by me on 8 November 2024 and of these orders within 7 days. (5) The Registrar is to provide the Mental Health Review Tribunal with a copy of my judgment in R v Fineanganofo (No 1) [2024] NSWSC 1400, a copy of this judgment, orders, exhibits and the victim impact statements within 7 days. (6) The Registrar is to notify Justice Health of the verdict and orders, and provide a copy of my judgment in R v Fineanganofo (No 1) [2024] NSWSC 1400, a copy of this judgment, orders, exhibits and victim impact statements to Justice Health within 7 days. (7) I recommend to the Mental Health Tribunal, in accordance with s 145 of the Act, that members of the deceased's family be heard in any hearing conducted by the Mental Health Review Tribunal. Catchwords: MENTAL HEALTH – forensic patient – where special verdict entered – consequential orders Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) ss 29, 33, 34, 78, 109, 145 Cases Cited: R v Fineanganofo (No 1) 2024] NSWSC 1400 Texts Cited: Nil Category: Principal judgment Parties: Crown Jordan James Fineanganofo (Defendant) Representation: Counsel: K McKay SC & B Allison (Crown) A Karim (Defendant)