R v Wilson (No 5) [2018] NSWSC 1077

Supreme Court New South Wales

Medium Neutral Citation: R v Wilson (No 5) [2018] NSWSC 1077 Hearing dates: 15 June 2018 and further written submissions filed by 28 June 2018 Date of orders: 13 July 2018 Decision date: 13 July 2018 Jurisdiction: Common Law Before: Schmidt J Decision: (1) I nominate, as the limiting term in respect of Ms Pearl Wilson's offence of manslaughter, to be a period of 2 years 6 months imprisonment commencing on 5 July 2018 and concluding on 4 January 2021. (2) In accordance with s 24(1)(a) of the Mental Health (Forensic Provisions) Act 1990 (NSW) I refer Ms Wilson to the Mental Health Review Tribunal. (3) In accordance with s 24(1)(b) of the Mental Health (Forensic Provisions) Act Ms Wilson's release from custody on bail is to continue, pending the making of orders in relation to Ms Wilson, under s 27 of that Act, on the following conditions: 1. Ms Wilson is to reside at XX XX XXXXX Rd, Dapto 2530. 2. Any change in address must be provided in writing to the Registrar of the Supreme Court of NSW and the Registrar of the Mental Health Review Tribunal within 48 hours. 3. Ms Wilson is to obey all directions given to her by the Mental Health Review Tribunal, including taking part in any psychiatric or psychological assessment required by the Tribunal and notified in writing to the Aboriginal Legal Service NSW/ACT Ltd, PO Box 191 Wollongong, NSW 2500 (Attention Jack Hibbard, jack.hibbard@alsnswact.org.au; Tel (02) 4276 7100; Fax (02) 4276 7101) (4) The Registrar is to give notice of these orders to: (a) the Minister for Health; (b) the Chairperson of the Mental Health Review Tribunal; and (c) the Commissioner for Corrective Services NSW. (5) The Registrar is also to provide a copy of this decision and R v Wilson (No 4) [2017] NSWSC 1730 to the Chairperson of the Mental Health Review Tribunal. Catchwords: CRIMINAL LAW – sentence – special hearing – judge alone – guilty of manslaughter on the limited evidence available – where term of imprisonment would have been imposed – limiting term nominated – Mental Health (Forensic Provisions) Act 1990 (NSW) s 23 – general and specific deterrence – aggravating and mitigating matters – personal circumstances – victim impact statement – length of limiting term – orders under s 24(1)(b) of the Mental Health (Forensic Provisions Act 1990 (NSW) – release from custody on conditions to continue