SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Aleer |
Citation: | [2016] ACTSC 75 |
Hearing Date: | 4 April 2016 |
DecisionDate: | 4 April 2016 |
Before: | Refshauge J |
Decision: | 1. Aleer Aguer Aleer is not guilty of arson committed on 19 December 2014 by reason of mental impairment. 2. Aleer Aguer Aleer is not guilty of arson committed on 19 November 2014 by reason of mental impairment. 3. Aleer Aguer Aleer is not guilty of assaulting Ruben Aleer Aguer occasioning actual bodily harm by reason of mental impairment. 4. Aleer Aguer Aleer submit to the jurisdiction of the ACT Civil and Administrative Tribunal to allow it to make a mental health order or a forensic mental health order. 5. Aleer Aguer Aleer is not guilty of assaulting of Ruben Aleer Aguer on 19 December 2014 on the grounds of mental impairment. 6. Aleer Aguer Aleer is not guilty of assaulting of Gak Aleer on 19 December 2014 on the grounds of mental impairment. 7. Aleer Aguer Aleer is not guilty of damaging property, namely, a window at premises in Gilmore on 19 December 2014 by reason of mental impairment. 8. Aleer Aguer Aleer submit to the jurisdiction of the ACT Civil and Administrative Tribunal to allow it to make a mental health order or a forensic mental health order in relation to each of those offences. |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Trial – trial by judge alone – arson – assault occasioning actual bodily harm – damaging property – ‘serious offence’ – transferred offences CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Mental impairment – special verdict – not guilty by reason of mental impairment – no power under Crimes Act 1900 (ACT) to require offender to submit to jurisdiction of ACAT for making of recommendation – offender to submit to jurisdiction of ACAT for making of mental health order or a forensic mental health order |
Legislation Cited: | Crimes Act 1900 (ACT), ss 24, 26, 27(3), 27(4), 116(3), 300(1), 308, 321, 323, 324, 325, 329, Pt 13, Criminal Procedure Act 1986 (NSW), s 133 Criminal Code 2002 (ACT), ss 28, 404(1), |
Cases Cited: | Fleming v The Queen (1998) 197 CLR 250 R v Aranyi [2013] ACTSC 169 |
Parties: | The Queen (Crown) Aleer Aguer Aleer (Defendant) |
Representation: | Counsel Mr J Hiscox (Crown) Ms H Hayunga (Defendant) |
| Solicitors ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Defendant) | |
File Numbers: | SCC 44 of 2015 SCC 45 of 2015 |
REFSHAUGE J:
On 19 December 2014,…
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- AGLC
- R v Aleer [2016] ACTSC 75
- Case
- [2016] ACTSC 75
- Decision Date
CaseChat Overview and Summary
The legal issues that the court had to decide centred around the implications of a special verdict of not guilty by reason of mental impairment. The court needed to establish whether the court had the power to require the offender to submit to the jurisdiction of the ACT Civil and Administrative Tribunal (ACAT) for the purpose of making a recommendation. The court also had to consider whether the offender should be required to submit to the ACAT's jurisdiction for the making of a mental health order or a forensic mental health order.
The court concluded that there was no power under the Crimes Act 1900 (ACT) to require the offender to submit to the jurisdiction of the ACAT for making a recommendation. However, the court did have the authority to require the offender to submit to the ACAT's jurisdiction for the making of a mental health order or a forensic mental health order. The court decided that Aleer Aguer Aleer should submit to the jurisdiction of the ACAT to allow it to make a mental health order or a forensic mental health order in relation to each of the offences committed.
In summary, the court ordered that Aleer Aguer Aleer be deemed not guilty by reason of mental impairment for all the offences charged, and that he submit to the jurisdiction of the ACAT for the making of a mental health order or a forensic mental health order. This decision ensures that appropriate measures are taken to address the offender's mental health while acknowledging the circumstances of the offences committed.
Orders
Orders of the court
1. Aleer Aguer Aleer is not guilty of arson committed on 19 December 2014 by reason of mental impairment.
2. Aleer Aguer Aleer is not guilty of arson committed on 19 November 2014 by reason of mental impairment.
3. Aleer Aguer Aleer is not guilty of assaulting Ruben Aleer Aguer occasioning actual bodily harm by reason of mental impairment.
4. Aleer Aguer Aleer submit to the jurisdiction of the ACT Civil and Administrative Tribunal to allow it to make a mental health order or a forensic mental health order.
5. Aleer Aguer Aleer is not guilty of assaulting of Ruben Aleer Aguer on 19 December 2014 on the grounds of mental impairment.
6. Aleer Aguer Aleer is not guilty of assaulting of Gak Aleer on 19 December 2014 on the grounds of mental impairment.
7. Aleer Aguer Aleer is not guilty of damaging property, namely, a window at premises in Gilmore on 19 December 2014 by reason of mental impairment.
8. Aleer Aguer Aleer submit to the jurisdiction of the ACT Civil and Administrative Tribunal to allow it to make a mental health order or a forensic mental health order in relation to each of those offences.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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