R v Watt [2013] NSWSC 1896

Supreme Court New South Wales

Medium Neutral Citation: R v Watt [2013] NSWSC 1896 Hearing dates: 30 October 2013 16 December 2013 Decision date: 16 December 2013 Jurisdiction: Common Law Before: Price J Decision: I order that the accused be released from custody for a period not exceeding 3 years on the following conditions; 1. The accused is to contact the Royal Rehabilitation Centre Sydney within 28 days to seek and obtain an appointment with Dr Browne or other suitably qualified practitioner. 2. The accused is to attend the Royal Rehabilitation Centre Sydney for such treatment as recommended and follow all reasonable directions as to treatment and attendance. 3. The accused is to provide the Royal Rehabilitation Centre Sydney with his current residential and contact details and to notify them of any changes. 4. The accused is to authorise the Royal Rehabilitation Centre Sydney to release information concerning his attendance and compliance with directions, to the Australian Federal Police (AFP), if requested to do so by the AFP. 5. The Royal Rehabilitation Centre Sydney is to be notified of conditions 1-4 above within 7 days. The Commonwealth Director of Public Prosecutions undertakes to notify the Royal Rehabilitation Centre Sydney in accordance with this condition. 6. The accused is to be of good behaviour for the period of the conditional release. 7. All orders above are to operate for the period between 16 December 2013 and 15 December 2016. Catchwords: CRIMINAL LAW - Practice and Procedure - unfit to stand trial - Federal offence - prima facie case - mental condition - treatment available in hospital - attendance at rehabilitation programs - accused released on conditions Legislation Cited: Crimes Act 1914 (Cth) Div 6, s 20B(3), s 20B(3)(b), s 20B(6), s 20B(7), s 20BA(1), s 20BA(2), s 20BA(4), s 20BC(1), s 20BC(3), s 20BC(5), s 20BC(6), Criminal Code 1995 (Cth) s 11.5(1), s 11.5(2)(b), s 11.5(2)(c), s 307.11(1) Drug Misuse and Trafficking Act 1985 s 25(2), s 27 Mental Health (Forensic Provisions) Act 1990 s 14, s 14(b)(iii) Cases Cited: Kesavarajah v The Queen [1994] HCA 41; (1994) 181 CLR 230 Ngatayi v The Queen (1980) 147 CLR 1 R (Cth) v Sharrouf (No 2) [2008] NSWSC 1450 R v Watt [2012] NSWSC 1574 Category: Principal judgment Parties: Commonwealth Director of Public Prosecutions Adam Keith Watt Representation: Counsel: Mr I McLachlan (Crown) (Cth) Mr P Winch (Accused)