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 27Legislation 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 34Category: Principal judgment Parties: Regina
Pearl Marie WilsonRepresentation: Counsel:
Solicitors:
K Ratcliffe (Crown)
J Manuell SC with P Pearsall (Offender)
Solicitor for the Director of Public Prosecutions (Crown)
Aboriginal Legal Service (Offender)
File Number(s): 2013/88509 and 2013/44091 Publication restriction: Nil
Judgment
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On 12 February 2013 Jason Shepstone died after Ms Wilson inflicted serious burns when she poured boiling water over him. In October 2015, I found that she was unfit to be tried for his murder, she then suffering considerable ill health and having been diagnosed to be suffering moderate to severe depression, as well as a range of psychotic symptoms, PTSD, having cognitive impairment and her IQ falling in the range for mild intellectual disability: R v Wilson [2015] NSWSC 1538.
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At a special hearing later conducted under the provisions of the Mental Health (Forensic Provisions) Act1990 (NSW) before me as a judge sitting alone, I found that…
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- AGLC
- R v Wilson (No 6) [2019] NSWSC 529
- Case
- [2019] NSWSC 529
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved interpreting the Mental Health (Forensic Provisions) Act 1990 (NSW). Specifically, the court needed to ascertain the meaning of the term "detained in a place other than a mental health facility" as per section 27 of the Act. It was necessary to determine the most appropriate and lawful place for Mr Wilson's detention given his mental health status and the lack of available treatment in a mental health facility. The court also had to balance the requirements of the Act with the need to ensure Mr Wilson's safety and the safety of others.
The court found that the term "detained in a place other than a mental health facility" did not necessarily mean a correctional facility. Instead, the court considered the overall intent of the Act, which is to provide appropriate care and treatment for individuals with mental illnesses who have been found guilty of serious criminal offences. Given that Mr Wilson required continuous medical supervision and treatment, the court ruled that he could be detained in a locked aged care facility or a medical ward, provided these settings could offer the necessary care. The court's decision aimed to ensure Mr Wilson received the appropriate treatment while also maintaining public safety.
The final orders of the court mandated that Mr Wilson be detained in a facility that could provide the required medical and psychiatric care. The court directed that he be placed in a locked aged care facility or a medical ward, which could meet his treatment needs and ensure his safety and the safety of others. The decision highlighted the importance of interpreting the legislation in a way that aligns with both the individual's health requirements and the broader public interest.
Orders
Orders of the court
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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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