R v Brett MACPHERSON [2010] NSWDC 132

New South Wales District Court

CITATION: R v Brett MACPHERSON [2010] NSWDC 132 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 7/4/2010

JUDGMENT DATE: 7 April 2010

JURISDICTION: CRIMINAL - Commonwealth

JUDGMENT OF: Finnane QC DCJ

DECISION: I will make an order under s 20BJ (4) of the Crimes Act. Brett Adam MacPherson is to be released forthwith from custody into the supervision of his mother. He is to obey all her directions in relation to travel and medication. He is to attend immediately upon the Commonwealth Department of Immigration and the Consul-General of Canada and do all things necessary to obtain as rapidly as possible a visa to enable him to leave Australia and a passport or interim travel document to enable him to return to and enter Canada. As soon as possible after obtaining an Australian visa and a Canadian passport or interim travel document he is to travel on the first available transport to Kelowna, British Columbia, Canada, that travel to be under the continuous supervision in the escort of his mother. Upon arrival at Kelowna he is to attend upon Fred Kirsche, Central Okanagan Mental Health, Interior Health Authority, 1340 Ellis Street, Kelowna, British Columbia, V1Y9N1, Canada, for psychiatric assistance. He is to submit himself to such mental health care whether involving involuntary attention or otherwise as the Director, Randy Murray or his delegate may determine, and in accordance with the attached care plan. It is noted Mr MacPherson may receive a bridging visa E class or other travel documents provided by the Australian authorities but any such visa or document is to be used solely for the purpose of travelling from Australia to Canada. Parties are at liberty to apply to the court for any variation of this order on twenty four hours notice.