R v Mijac
[2011] VSC 457
•26 August 2011
| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
CRIMINAL DIVISION
No. 0075 of 2010
| THE QUEEN |
| v |
| ROBERT MIJAC |
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JUDGE: | COGHLAN J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 26 August 2011 | |
DATE OF SENTENCE: | 26 August 2011 | |
CASE MAY BE CITED AS: | R v Mijac | |
MEDIUM NEUTRAL CITATION: | [2011] VSC 457 | |
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CRIMINAL LAW – Attempted Murder – Plea of not guilty by reason of Mental Impairment – Consent Hearing – Section 21 Crimes (Mental Impairment & Unfitness to be Tried) Act 1997 - Reports furnished pursuant to s 41 of the Crimes (Mental Impairment and Unfitness to be Tried) Act – Non-custodial supervision order imposed.
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr P.N. Rose SC | Office of Public Prosecutions |
| For the Accused | Mr G.J. Steward | Pica Criminal Lawyers |
HIS HONOUR:
On 10 November 2010[1], I declared pursuant to s 23 of the Crimes (Mental Impairment and Unfitness to be Tried) Act that you were liable for supervision under Part 5 of the Act, and declared the appropriate period to be 12 years and six months.
[1]R v Mijac [2010] VSC 670
The question then arose as to what the form of that order would be pursuant to s 26 of the Act. That is, would the order be a supervision order which was custodial, or a supervision order which was non-custodial?
I was obliged in any event to receive a report under s 41 of the Act, in terms of your prognosis. I received a report dated 9 May 2011 from Dr Hemlata Ranga which again raised the question of the form of the order.
I raised some minor misgivings about the matters contained in that report, and I have now received a supplementary report pursuant to s 41 from Dr Andrew Carroll. I am satisfied now, on the whole of the material that I have received, that the form of order should be non-custodial, and I so order.
I order that you be released on a non-Custodial Supervision Order, and that the following conditions are imposed on that order:
(1)That you be under the supervision of the authorised psychiatrist of the Victorian Institute of Forensic Mental Health, or his or her delegate.
(2)That you reside at a location known and approved by the authorised psychiatrist.
(3)That you abide by the lawful directions of the authorised psychiatrist or the nominee of the authorised psychiatrist or his or her delegate.
(4)That you comply with treatment, testing and attend appointments as directed by the authorised psychiatrist or their nominee or delegate.
(5)That you abstain from the abuse of alcohol and from the use of illicit drugs.
(6)That you do not leave the State of Victoria without written permission of the authorised psychiatrist or their nominee or delegate.
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