CRIMINAL LAW — attempted armed robbery — verdict of not guilty by reason of mental illness — conditional release order under s.39 Mental Health (Forensic Provisions) Act 1990 — Judge specifies order to operate for two years — claim for declaratory relief by Attorney General — relationship between power of court under s.39 and powers of Mental Health Review Tribunal under Part 5 of Act — nature and effect of conditional release order under s.39 — whether District Court order operates to bring to end status of person as forensic patient — determination that it does not — continuing power of Tribunal to exercise powers and functions under Part 5 — appropriateness of declaratory relief — discretionary considerations — declaratory relief granted
Case Details
Citation[2013] NSWSC 1392
CourtNSWSC
JurisdictionNew South Wales
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