Appealing a Mental Illness Verdict in New South Wales

Under current regimes in place in Australia, a mental illness verdict has significant repercussions. What may once have been considered an exemption from criminal punishment, the verdict results in a mandated mental health pathway that may involve coercive treatment, potentially onerous restrictions and monitoring requirements. In New South Wales (NSW), a mental illness verdict may be made in relation to a person who is not fit for trial. This raises the further issue of the person's ability to understand properly the implications of relying on a mental illness defence. In several instances in NSW, offenders found to be mentally ill at the time of the offence and made subject to a detention order have raised objection to the original verdict and attempted to appeal. We consider these cases and the avenues for appeal from a mental illness verdict in NSW.