Citation: Director of Public Prosecutions (NSW) v Quinn [2015] NSWSC 1326
Court: Supreme Court of New South Wales
Date: 9 September 2015
Judge: R A Hulme J
Background
The respondent was charged with the murder of a woman at his parents' home in the Illawarra region in July 2013. After fatally stabbing the deceased in the neck, he stabbed himself, partially severing his spinal cord. He has been a quadriplegic ever since, entirely dependent on carers for all personal care and mobility.
The respondent was granted bail in May 2014 by Schmidt J on strict conditions, including that he remain in a hospital and not abuse, harass, intimidate or assault any person providing him with care. He had since been housed at Coledale Hospital. His trial, anticipated to involve a partial defence of substantial impairment under s 23A of the Crimes Act 1900 (NSW), had been vacated in August 2015 due to difficulties in finding appropriate accommodation closer to the Sydney CBD.
The Director of Public Prosecutions brought this detention application under s 50 of the Bail Act 2013 (NSW), seeking revocation of the respondent's bail on the basis that he posed an unacceptable risk to the safety of individuals around him, particularly hospital staff, other patients, and visitors.
Legal Issues
- Whether the respondent had shown cause why his detention was not justified, as required for a "show cause" offence under ss 16A and 16B of the Bail Act 2013 (NSW)
- Whether, even if cause was shown, the respondent presented an unacceptable risk of endangering the safety of individuals under s 19(2)(c) of the Bail Act 2013 (NSW)
- Whether Long Bay Hospital could adequately manage the respondent's complex medical needs if bail were refused
Decision
Hulme J found that the respondent had shown cause why his detention was not justified, acknowledging the highly unusual circumstances of the case. However, cause being shown does not end the inquiry: the court was still required to consider whether the respondent presented an unacceptable risk under s 19 of the Bail Act 2013 (NSW).
The evidence of the respondent's behaviour was extensive and disturbing. Statements from medical and nursing staff at both the Prince of Wales Hospital and Coledale Hospital documented a pattern of serious misconduct. This included ramming his powered wheelchair into a nurse and pinning her against a wall, spitting at staff (who were required to wear goggles and face masks), making unfounded allegations against treating clinicians, kicking at staff from his reclined chair, and repeatedly expressing a desire to kill himself. The respondent had also attempted to exit the facility and roll down a steep hill toward a main road, apparently intending to cause a fatal accident. As a result, his wheelchair had been demobilised.
The court accepted that there was no ideal placement for the respondent in custody. Medical evidence raised serious concerns about Long Bay Hospital's capacity to manage his care, including staffing levels, resources, and specialist expertise. However, the Chief Executive of the Justice Health and Forensic Mental Health Network confirmed that all reasonable and practicable arrangements would be made, and both parties accepted Long Bay Hospital as the least unsatisfactory available option.
Hulme J was satisfied that the respondent posed an unacceptable risk of endangering the safety of hospital staff required to provide him with care, as well as other patients and visitors. The bail detention application was granted and bail was refused.
Orders Made
- The Crown's bail detention application under s 50 of the Bail Act 2013 (NSW) was granted.
- Bail was refused.
Key Takeaways
- Under the Bail Act 2013 (NSW), satisfying the "show cause" threshold for a serious charge such as murder does not guarantee bail: the court must separately assess whether an unacceptable risk under s 19 exists.
- Refusing bail on safety grounds can be justified by a respondent's pattern of violent and threatening behaviour toward carers, even where that respondent has profound physical disabilities.
- The Supreme Court treated Long Bay Hospital as the "least worst" placement option, accepting that imperfect custodial care arrangements do not preclude a finding of unacceptable risk where the evidence of danger to others is compelling.
- A respondent's condition requiring specialist medical management is a relevant circumstance in the bail analysis, but it does not override a well-established unacceptable risk to the safety of individuals providing that care.
- Breaches of existing bail conditions, including a specific prohibition on abusing or assaulting carers, formed part of the factual foundation supporting the conclusion that the risk could not be adequately managed in the community.
Legislation and Cases Referenced
Legislation:
- Bail Act 2013 (NSW), ss 16A, 16B, 19, 50
- Crimes Act 1900 (NSW), s 23A (substantial impairment by abnormality of mind)
Cases:
No cases were cited in the judgment.