NSW Caselaw
New South Wales Supreme Court
CITATION : McDonald v Commissioner of Corrective Services & Anor [2006] NSWSC 496
HEARING DATE(S) : 18/05/2006 and 19/05/2006
JUDGMENT DATE : 26 May 2006
JURISDICTION : Common Law Division
JUDGMENT OF : Hidden J at 1
DECISION : Application granted - plaintiff entitled to be released
CATCHWORDS : CRIMINAL LAW: - administration of prisons - habeas corpus - plaintiff sentenced to term of imprisonment with non-parole period - parole order made by sentencing court - transferred to hospital under Mental Health Act while in custody on remand - whether forensic patient after sentence passed - whether then entitled to release in accordance with parole order or subject to discretionary release by Minister on recommendation of Mental Health Review Tribunal
Crimes (Administration of Sentences) Act 1999 Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED : Criminal Procedure Act 1986 Mental Health Act 1990 Mental Health (Criminal Proceedings) Act 1990 Mental Health Regulation 2000
CASES CITED : Hamilton v Director-General Department of Health & Anor (NSWSC, unreported 13 April 1995)
Warwick Dean McDonald (plaintiff) PARTIES : Commissioner of Corrective Services (1st defendant) Minister for Health (2nd defendant)
FILE NUMBER(S) : SC 30067/06
COUNSEL : S Beckett (plaintiff) R Cogswell SC (defendants)
SOLICITORS : Legal Aid Commission (Mental Health Advocacy Service) (plaintiff) IV Knight, Crown Solicitor (defendants)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION ADMINISTRATIVE LAW LIST
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