TAS v DIRECTOR OF PUBLIC PROSECUTIONS [1997] NSWCA 305

TAS v DIRECTOR OF PUBLIC PROSECUTIONS

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

PRIESTLEY JA, MEAGHER JA and COLE JA

7 February 1997

[1997] NSWCA 305

MENTAL HEALTH CRIMINAL PROCEDURE ACT

Priestley JA. Before the Court is a summons seeking orders of various kinds which has to an extent been superseded by the claimant having put before the Court more limited orders which the claimant now seeks. The opponent to the proceedings is the District Court of New South Wales on whose behalf a submitting appearance has been filed. As a consequence the opponent is not represented before the Court today. The Attorney General has sought leave to appear to assist the Court should that be necessary in view of the opinions the Attorney has formed about the matter, and leave has been granted. The Court has before it both the claimant and the Attorney General who could, had the position required it, have been a contradictor to the argument and application of the claimant. The Attorney has indicatedthat there is no argument which he sees proper to present against the making of the orders sought by the claimant.

It was proposed that the claimant be indicted for indictable offences. Prior to the indictment being presented, the question of his fitness to plead arose and a jury determined that he was unfit to plead. This brought into effect the procedures required by the Mental Health Criminal Procedure Act of 1990.

Those procedures were thereafter followed and resulted in a finding on the limited evidence available that the claimant had committed the offences charged. The judge then nominated a limiting term pursuant to the decision on the charges. That meant that the claimant had to be referred to the Mental Health Review Tribunal following which the Judge was empowered to make such order with respect to the custody of the claimant as the Court considered appropriate.