VH v Director of Public Prosecutions (Vic)

VH, the applicant, sought leave to appeal against a decision of the Director of Public Prosecutions (Vic), the respondent, which refused to grant an exemption under s 10(1)(b) of the *Crimes (Mental Impairment and Unfitness to be Tried) Act 1997* (Vic). The applicant had been found not guilty of a criminal charge by reason of mental impairment. The dispute concerned the Director's refusal to grant an exemption from the requirement to undergo a psychiatric assessment, which was a prerequisite for the applicant to be eligible for a supervision order. The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the Director of Public Prosecutions (Vic) had erred in law in refusing to grant the exemption sought by the applicant under s 10(1)(b) of the *Crimes (Mental Impairment and Unfitness to be Tried) Act 1997* (Vic). This involved determining the proper interpretation of the criteria for granting such an exemption, specifically whether the Director had given sufficient weight to the applicant's stated intention to leave Victoria and the potential difficulties in compelling his attendance for a psychiatric assessment.

The Court reasoned that the Director's decision was vitiated by an error of law because the Director had failed to properly consider the relevant factors under s 10(1)(b). The Court held that the Director had placed undue emphasis on the perceived need for a psychiatric assessment to be conducted within Victoria, to the detriment of considering the practical implications of the applicant's expressed intention to depart the state. The legal principle applied was that a decision-maker must consider all relevant factors and give them appropriate weight, and that a failure to do so constitutes an error of law.

The High Court granted leave to appeal, allowed the appeal, and set aside the decision of the Director of Public Prosecutions (Vic). The matter was remitted to the Director with a direction to reconsider the application for an exemption in accordance with the reasons of the High Court.