R v Wilson (No 6) [2019] NSWSC 529

Supreme Court New South Wales

Medium Neutral Citation: R v Wilson (No 6) [2019] NSWSC 529 Hearing dates: 30 April 2019 and 7 May 2019 Date of orders: 10 May 2019 Decision date: 10 May 2019 Before: Schmidt J Decision: (1) Ms Wilson's bail is revoked.

(2) Ms Wilson be detained in the locked ward at Shellharbour Hospital where she is presently admitted. Catchwords: MENTAL HEALTH — Where person charged unfit to stand trial — Where person found guilty of charges on limited evidence in special hearing and limiting term nominated — Where person found to suffer from a mental illness for which treatment is not available in a mental health facility — Where the Court must order a person "be detained in a place other than a mental health facility" — Whether person required to be detained in a correctional facility — Whether person can be detained in locked aged care facility or medical ward — Mental Health (Forensic Provisions) Act 1990 (NSW), s 27

WORDS AND PHRASES — "detained", "a place other than a mental health facility" — Mental Health (Forensic Provisions) Act 1990 (NSW), s 27 Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Mental Health Act 2007 (NSW) Mental Health (Criminal Procedure) Act 1990 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (NT) (2009) 239 CLR 27; [2009] HCA 41 Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297; [1981] HCA 26 Director of Public Prosecutions (NSW) v Khoury (2014) 306 ALR 86; [2014] NSWCA 15 R v Wilson [2015] NSWSC 1538 R v Wilson (No 4) [2017] NSWSC 1730 R v Wilson (No 5) [2018] NSWSC 1077 State of New South Wales v Boatswain [2014] NSWSC 1446 State of New South Wales v TD [2013] NSWCA 32 State of New South Wales v Windle (No. 3) [2017] NSWSC 727 SZTAL v Minister for Immigration and Border Protection (2017) 262 CLR 362; [2017] HCA 34 Category: Principal judgment Parties: Regina Pearl Marie Wilson Representation: Counsel: K Ratcliffe (Crown) J Manuell SC with P Pearsall (Offender)