R v OPIT [2006] NSWSC 426

New South Wales Supreme Court

CITATION : R v OPIT [2006] NSWSC 426

HEARING DATE(S) : 05/05/06 JUDGMENT OF : Adams J at 1

EX TEMPORE JUDGMENT DATE : 05/05/2006

DECISION : Bail is refused.

CATCHWORDS : Bail Act 1978 - serious psychiatric condition with delusions - non-availability of residential facility - safety of public

Regina PARTIES : v Simeon Marcus OPIT

FILE NUMBER(S) : SC 2006/907

COUNSEL : Crown: E. Gough

SOLICITORS : Applicant: in person

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

ADAMS J

FRIDAY 5 MAY 2006

2006/907 - REGINA v SIMEON MARCUS OPIT

(VIDEO LINK TO METROPOLITAN REMAND CENTRE)

JUDGMENT - On application for bail

1 HIS HONOUR: The applicant is a relatively young man who is now almost 27. He has a history of relatively minor offences, but plainly is psychiatrically compromised in a way that is troubling because it appears that that condition materially led to his committing acts of violence. It may be that he has a substantial defence arising out of his mental state in relation to those matters if he was, as seems to be very likely the case, delusional at the time.

2 He is presently taking anti-psychotic medication which is of use to him. He appears calm and reasonable in making his application. I do not wish to question him further, but I suspect that he was not taking medication at the time of these offences.

3 It is extremely worrying and, to my mind, contrary to basic human rights for someone in the applicant's position to be kept in prison rather than in an appropriate psychiatric centre for assessment. If it were not for the violence demonstrated in the offences, I would give him bail without hesitation and impose appropriate conditions so that he can be assessed.