R v Hayden John Newman [2006] NSWDC 14

New South Wales District Court

CITATION: R v Hayden John Newman [2006] NSWDC 14

HEARING DATE(S): 17/07/06

JUDGMENT DATE: 18 July 2006

JUDGMENT OF: Nicholson SC DCJ

DECISION: Application refused.

CATCHWORDS: Application pursuant s10(4) Mental Health (Criminal Procedure) Act 1990 – inappropriate to inflict any punishment - assumptions under pinning application – role of deterrence other matters the Court thinks proper to consider – remand custody.

LEGISLATION CITED: Mental Health (Criminal Procedure) Act 1990 – s 10(4); s32

CASES CITED: Director of Public Prosecution v Mills [2000] NSWCCA 236 Director of Public Prosecution v Sami El Mawas [2006] NSWCA154

PARTIES: Regina Hayden John Newman (Accused)

FILE NUMBER(S): 06/11/0076

COUNSEL: Mr A McCarthy (Crown) T Evers (Accused/Applicant)

SOLICITORS: Solicitor for Public Prosecutions Legal Aid Commission

APPEAL PENDING

JUDGMENT

1 HIS HONOUR: The Crown alleges that, on 22 June 2004, Haydon John Newman, then aged twenty-seven, attended his old school, Asquith Boys High School, where he assaulted two administrative staff members and the principal. The Crown alleges the following day he returned to the school, and with malice wounded one of the staff members. I shall return to the circumstances in which each of the alleged offences is said to have occurred.

2 Mr Newman has been charged in connection with each of these alleged assaults, although one of them was expressly charged as a malicious wounding. A question arises as to whether he is unfit to be tried. That issue has been set down for hearing before me.

3 Prior to the hearing commencing, his counsel, Miss Evers, applies for the charges to be dismissed pursuant to s 10(4) of the Mental Health (Criminal Procedure) Act 1990. That section provides: