R v SANDOVAL [2010] NSWDC 321

New South Wales District Court

CITATION: R v SANDOVAL [2010] NSWDC 321

HEARING DATE(S): 19 November 2010 EX TEMPORE JUDGMENT DATE : 19 November 2010

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: Released from custody subject to conditions - see paragraph [8]

CATCHWORDS: CRIMINAL LAW - Consequential Orders after a finding of not guilty by reason of mental illness in judge alone trial

LEGISLATION CITED: Mental Health Forensic Provisions Act

PARTIES: The Crown Henri Giovanni Sandoval

FILE NUMBER(S): DC 2009/00043039

COUNSEL: Ms N Adams - Crown Ms P David - Offender

SOLICITORS: Director of Public Prosecutions Legal Aid Commission

JUDGMENT

1 HIS HONOUR: Henry Sandoval stood trial before me charged on an indictment which alleged four offences; two in the alternative to the other two.

2 Counts 1 and 3 were dangerous driving causing grievous bodily harm, whilst at the time driving to escape pursuit by a police officer. Counts 2 and 4, in the alternative to counts 1 and 3, were the un-aggravated form of the offence, namely dangerous driving causing grievous bodily harm.

3 I acquitted Mr Sandoval of counts 1 and 3 for reasons I gave at the time and found him not guilty on the grounds of mental illness in relation to counts 2 and 4. Attention then turned to consequential orders because the parties were not in a position to produce evidence that day as to the form of any orders I should make. Despite some concern as to whether I had the power to do so, I granted Mr Sandoval bail until today.

4 This morning evidence was called from his treating psychiatrist, Dr Yenson, he also gave oral evidence, and, with his assistance, Ms Davis who appears for Mr Sandoval, and the Crown formulated a draft set of orders which they considered it appropriate to make. I have received those orders and, apart from a few minor changes, will be making those in a short time.