Police v DMO [2015] NSWChC 4

Children's Court New South Wales

Medium Neutral Citation: Police v DMO [2015] NSWChC 4 Hearing dates: 8 October 2015 Date of orders: 21 December 2015 Decision date: 21 December 2015 Jurisdiction: Criminal Before: Children's Magistrate Sheedy Decision: The proceedings in relation to the young person DM [H57623664] are to be relisted before the Children's Court on a date to be fixed before 8 March 2016 Legislation Cited: Crimes Act 1900 Criminal Procedure Act1986 Interpretation Act 1987 Mental Health Act 1987 Mental Health (Forensic Provisions) Act 1990 Cases Cited: Craig Williamson Pty Ltd v Barrowcliff [1915] VLR 450 Police v Pines [2013] NSWLC 3 Police v Thomas Stafford Roberts (unreported) Category: Procedural and other rulings Parties: Police Young Person Representation: Sergeant Wayne Law for the Prosecution Ms Elizabeth Nicholson, Counsel for the Young Person File Number(s): 2015/000882856 Publication restriction: Pseudonyms have been used in order to anonymise the child

JUDGMENT

The Agreed Facts 1. The young person was charged with three offences, namely: 1. Intimidate police officer in execution of his duty pursuant to s 60(1) of the Crimes Act 1900; 2. Assault officer in execution of his duty pursuant to s 58 of the Crimes Act 1900; and 3. Stalk or intimidate intending to cause fear pursuant to s 13(1) of the Crimes (Domestic and Personal Violence) Act 2007. 1. The young person pleaded guilty to the intimidate police officer in execution of his duty and not guilty to the charges of assault officer in execution of his duty and stalk or intimidate to cause fear. 2. The matter was set down for a defended hearing on 8 September 2015. 3. Prior to the commencement of the defended hearing, Ms Nicholson of Counsel, who was representing the young person, made an application for an order under s 33 of the Mental Health (Forensic Provisions) Act 1990 (the MHFP Act). At the time of the application the young person was expressing suicidal thoughts and an intention to cause harm to others. 4. On 8 September 2015 the Magistrate made an order pursuant to s 33(1)(b) of the MHFP Act that the young person be taken to, and detained in a mental health facility for assessment and that, if the young person was found on assessment not to be a mentally ill person or a mentally disordered person then the young person was to be brought back before a Magistrate. 5. The young person was taken to Cumberland Hospital, (a mental health facility as contemplated by the MHFP Act), assessed and then admitted. He was discharged from Cumberland Hospital on 11 September 2015. 6. On discharge, the police re-listed the substantive matters before the weekend bail court on 12 September 2015. The matter was adjourned to the Children's Court at Parramatta on 21 September 2015, when the matter was set for hearing on 8 October 2015. 7. Counsel for the young person submits that the Court has no jurisdiction as both charges have been finalised by the making of the s 33(1)(b) order.