← All cases

[2022] NSWSC 879

R v Risi (No 2)

1. That until released by due process of law, I order that Mr Risi be detained in a correctional facility pending the determination of the Mental Health Review Tribunal as to the place of his further detention. 2. I direct the court registry forward to the Mental Health Review Tribunal the reports of Dr Allnutt and Dr Furst that have been tendered in these proceedings. 3. The Court commends for the consideration of the Mental Health Review Tribunal at the earliest opportunity the recommendation of Dr Furst contained on page 5 of his report of 13 June 2022.

Catchwords

MENTAL HEALTH — Criminal proceedings — special verdict of act proven but not criminally responsible — subsequent disposition —recommendation of psychiatrist as to best placement of offender — danger to fellow inmates in correctional facility — best placement in Forensic Hospital

Legislation cited

  • Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), § 33

Judgment

  1. [1]

    HIS HONOUR: Having returned special verdicts at the conclusion of a special hearing in relation to this matter, the potential outcome hereafter is governed by the options set out in s 33 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW).

  2. [2]

    The first option provides for an interim order until the Court is in a position to make a final order, but I feel the Court is in a position to make a final order at this point.

  3. [3]

    The second option is that Mr Risi be detained in a place and manner that the Court thinks fit until released by due process of law.

  4. [4]

    The third option is that he could be released unconditionally or conditionally from custody. That is not suggested by either side and is really impractical in the circumstances.

  5. [5]

    The fourth option is broad and provides that the Court can make any other order it thinks appropriate.

  6. [6]

    There is concern raised about where Mr Risi is placed in the final part of the report of Dr Richard Furst, consultant forensic psychiatrist, dated 13 June 2022 Under the heading "Disposition/Rehabilitation Needs" Dr Furst wrote:

  7. [7]

    I will make a few observations about this for those who are present.

  8. [8]

    On the Court's understanding, the Forensic Hospital that Dr Furst suggests is an appropriate placement for Mr Risi is a secure facility, designed to meet the needs for security and treatment of people with the impairments that Mr Risi has. People who present the risks that Dr Furst has spoken about are well-catered for in an environment such as that.

  9. [9]

    Dr Furst is a very eminent forensic psychiatrist. For a long time his work has included working with people in correctional facilities and at the Forensic Hospital - people like Mr Risi with mental health and cognitive impairments. He is an expert whose opinion is respected widely, and I place great weight on it.

  10. [10]

    There is one further thing I should add. There is no definite time or date placed upon when Mr Risi might become eligible for release. It is a matter that will be under regular review by the Mental Health Review Tribunal, which is the body set up to monitor and review cases such as this. Safety of the community is the paramount consideration that is given before contemplation of release of a person such as Mr Risi. Having regard to what I have just read from the report of Dr Furst, his release is not likely to be for some considerable period of time.

  11. [11]

    I propose to make orders within the terms of the Act that are designed to align with what has been recommended by Dr Furst.

  12. [12]

    The orders I make is this:

Unofficial copy. Source: NSW Caselaw. Refer to the official version for authoritative text.