Wheadon v R [2019] NSWDC 643

District Court New South Wales

Medium Neutral Citation: Wheadon v R [2019] NSWDC 643 Hearing dates: 20 August 2019, 22 August 2019 Decision date: 22 August 2019 Jurisdiction: Criminal Before: Norrish QC DCJ Decision: 1. Convictions and sentencing orders of the Magistrate are quashed.

2. In accordance with the provisions of Pt 3, Mental Health (Forensic Provisions) Act 1990, I make the following orders; the defendant remain under the care of Dr Sam Nepalati; he remains under the care of Mr John Nolan, clinical psychologist; he accepts referral to a consultant psychologist pursuant to the mental health care plan, to review treatment of his depression and PTSD; he accepts medication as directed by his treating doctors; he remains under the care of his cardiologist. These orders are in place for a period of six months from 20 August 2019. Catchwords: CRIME – appeal from Local Court to District Court – appeal against sentence- apprehended violence orders – domestic violence – intimidation of police officer – orders sought be made pursuant to s32 Mental Health (Forensic Provisions) Act 1990 – PTSD – chronic anxiety – major depressive disorder – failure in duty of care by NSW Police Service – causal relationship between mental condition and matters before the court Legislation Cited: Bail Act 2013 Crimes (Sentencing Procedure) Act 1999 Mental Health (Forensic Provisions) Act 1990 Cases Cited: Charara v DPP & Ors [2001] NSWCA 140 DPP (Cth) v De La Rosa [2010] NSWCCA 194 DPP v Soliman [2013] NSWSC 346 El Mawas (2006) NSWCCA 154 R v Engert (1995) 84A CrimR 67 R v Hemsley [2004] NSWCCA 228 Category: Principal judgment Parties: Gregory Wheadon (Appellant) Regina (Crown) Representation: Counsel: Mr G Kumarasinhe (Appellant)