DIRECTOR OF PUBLIC PROSECUTIONS v GR

78 VR 454·Elliott J
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78 VR 454
DIRECTOR OF PUBLIC PROSECUTIONS v GR Supreme Court of VictoriaElliott J 13–, 14 August 2025[2025] VSC 490Criminal law — Child — Accused child not guilty of murder by reason of mental impairment — Whether child can be remanded to youth justice facility pending making of supervision order — Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic), s 24(1) — Children, Youth and Families Act 2005 (Vic), s 516(1) — Charter of Human Rights and Responsibilities Act 2006 (Vic), ss 23(1), 32(1).

The accused, a minor, was charged with murder and found not guilty by reason of mental impairment. A question arose as to whether the Court had the ability to remand him to a youth justice facility in advance of making a supervision order, given that s 24(1) Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) (the Act) did not expressly confer such a power in respect of proceedings in the Supreme Court. Section 24(1) relevantly provided:

  • (b)
  • (c)
  • (e)

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