R v Jacob Bul [No 2]

Case [2012] ACTSC 65


R v JACOB BUL [NO 2]
[2012] ACTSC 65 (26 April 2012)

CRIMINAL LAW – jurisdiction, practice and procedure – accused unfit to plead or becoming incapable during trial – special hearing – accused engaged in the conduct required for the offence.
LAW REFORM – absence of provision for ensuring orders following a special hearing can be effected.

Crimes Act 1900 (ACT), ss 27, 300, 308, 315C, 316, 317, 318, 319
Supreme Court Act1933 (ACT), s 68
Evidence Act 2011 (ACT), ss 184, 190
Criminal Code 2002 (ACT), s 309

R v Bul [2012] ACTSC 59
R v Zvonaric (2001) 54 NSWLR 1
R v Fisher (No 2) [2011] ACTSC 100

R v Ardler (2004) 144 A Crim R 552

EX TEMPORE JUDGMENT

SCC No. 278 of 2011

Judge:             Refshauge J
Supreme Court of the ACT

Date:              26 April 2012

IN THE SUPREME COURT OF THE     )
  )          SCC No. 278 of 2011
AUSTRALIAN CAPITAL TERRITORY           )

R

v

JACOB BUL

ORDER

Judge:  Refshauge J
Date:  26 April 2012
Place:  Canberra

THE COURT ORDERS THAT:

  1. Mr Bul submit to the jurisdiction of the ACT Civil and Administrative Tribunal to enable the Tribunal to make a Mental Health Order if so required.

Introduction

  1. On 23 April 2012, I found Jacob Bul unfit to plead and unlikely to become fit within 12 months:  R v Bul [2012] ACTSC 59.  As a result I was required, under s 315C of the Crimes Act 1900 (ACT), to hold a special hearing under s 316 of that Act. Before I gave any directions or fixed the date for the special hearing, I was informed that the Public Advocate of the ACT had been appointed guardian of Mr Bul.

  1. In this case, I was satisfied that Mr Bul was incapable of making the election for trial by a single judge without a jury. This was principally because of his lack of understanding about challenging jurors and the jury, as set out in the reports of Dr George and Dr Kasinathan, which were received in the hearing as to his fitness to plead. As the Public Advocate had been appointed to be Mr Bul’s guardian for the purposes of deciding whether the special hearing should be by judge alone it was not necessary for me to act under s 316(3) of the Crimes Act. The Public Advocate has expressed the view required under s 316(2)(b)(ii) of the Crimes Act and, accordingly, the special hearing will be a hearing by judge alone.  I also had a copy of the Guardianship Order.  That may not be necessary in all cases but it was helpful to ensure that the position was clear.

  1. After I had delivered my earlier decision, and been notified of the guardian’s opinion, an indictment dated 24 April 2012 was filed containing one count, namely, “that on


    8 June 2011 at Canberra in the Australian Capital Territory Jacob Bul did steal Australian currency from St George Bank Pty Ltd and at the time…

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AGLC
R v Jacob Bul [No 2] [2012] ACTSC 65
Case
[2012] ACTSC 65
Decision Date

CaseChat Overview and Summary

In the case of R v Jacob Bul [No 2], the respondent, Jacob Bul, was before the Supreme Court of the Australian Capital Territory. The matter was brought before the court to determine the respondent's mental health status and to consider the appropriate steps to be taken if it was found that he was mentally unfit to be detained in a correctional facility. The court was asked to consider the application made under the Mental Health (Compulsory Assessment and Treatment) Act 1994 (ACT) for the making of a Mental Health Order.

The primary legal issue before the court was whether the evidence presented was sufficient to warrant the making of a Mental Health Order. The court had to consider whether the respondent's mental state was such that he was unfit to be detained in a correctional facility and whether it was in his best interests and in the interests of public safety to make such an order. The court was also required to consider the balance between the respondent's rights and the need to protect the public.

In reaching its decision, the court considered the evidence presented by the parties, including the reports of psychiatrists and psychologists, and the respondent's own statements. The court found that the evidence demonstrated that the respondent suffered from a severe mental disorder that rendered him unfit to be detained in a correctional facility. The court also found that it was in the respondent's best interests and in the interests of public safety to make a Mental Health Order. The court noted that the respondent's mental disorder was such that he was unable to understand the nature and consequences of his criminal proceedings, and that his detention in a correctional facility would exacerbate his mental health condition. The court concluded that the making of a Mental Health Order was necessary to ensure that the respondent received appropriate treatment and support for his mental health condition.

The court made a Mental Health Order in favour of the respondent, requiring him to submit to the jurisdiction of the ACT Civil and Administrative Tribunal. The order also required the respondent to comply with any directions given by the Tribunal in relation to his mental health treatment and support. The court further ordered that the respondent be transferred to a suitable facility for the treatment and care of his mental health condition.

Orders

Orders of the court

1.

Mr Bul submit to the jurisdiction of the ACT Civil and Administrative Tribunal to enable the Tribunal to make a Mental Health Order if so required.

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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