The sentencing of a man charged with reckless wounding and intimidation of staff members at Bupa Aged Care in Kempsey will proceed in the criminal court after his application under the Mental Health (Forensic Provisions) Act was dismissed in Kempsey Local Court today.
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The court heard the man was a resident of Bupa Aged Care in Kempsey when in February of last year he struck a female staff member over the head with a wooden bowling pin while she was doing paper work. The blow resulted in the staff member suffering a skull fracture and she has not able to return to work.
The resident then proceeded to intimidate three staff members who barricaded themselves in the nurses station.
Since the attack, the defendant has escaped from a number of nursing homes and is currently being held in Long Bay Correctional Centre Hospital.
He appeared via video link at Kempsey Local Court today.
Magistrate B Thomas said the nature of the crime was serious and it was difficult to decide whether to dismiss the mental health application.
"This is an example of being pulled in two different directions. This was a serious incident and what I need to decide today is whether it's appropriate to proceed in the criminal system or accept the mental health application," he said.
Following the mental health application dismissal, the defendant pleaded guilty to the intimidation charge and reckless wounding.
The staff member involved in the attack was also in court and said she was happy the matter would proceed in the criminal court.
"I'm very pleased the magistrate has seen it's not a matter of mental health. Hopefully it will be resolved next month," she said.
The man will be sentenced on July 17.
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