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Carter v R

Carter v R

Case [2019] NSWCCA 11 8 February 2019

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Court of Criminal Appeal

Supreme Court

New South Wales

Summary available

Medium Neutral Citation: Carter v R [2019] NSWCCA 11
Hearing dates: 6 July 2018
Decision date: 08 February 2019
Before: Payne JA at [1]
Schmidt J at [22]
Button J at [31]
Decision:
1. Leave to appeal against conviction granted.
2. Appeals against conviction allowed.
3. The conviction for wounding with intent to murder is quashed.
4. The conviction for the driving offence involving a police pursuit is quashed.
5. On each count, a special verdict of not guilty on the grounds of mental illness is entered.
6. Pursuant to s 39(1) of the Mental Health (Forensic Provisions) Act 1990 (NSW), the applicant is to be detained in such place as may be determined from time to time by the Mental Health Review Tribunal as an appropriate place, until released by due process of law.
7. The Registrar is to notify the Minister for Health, as soon as reasonably practicable, of the terms of this judgment and the orders made by this Court.
8. The Registrar is to notify the Mental Health Review Tribunal and Justice Health, as soon as reasonably practicable, of the terms of this judgment and the orders made by this Court, and to provide those bodies with the following documentation:
(a) A copy of the judgments of this Court and its orders;
(b) A transcript of these proceedings;
(c) A transcript of the trial; and
(d) A copy of the exhibits tendered at trial.

Catchwords: CRIMINAL LAW – conviction appeal – wounding with attempt to murder – police pursuit – trial by judge alone – parties agreed at first instance that special verdicts of not guilty on ground of mental illness should be returned – unanimous psychiatric evidence – verdicts of guilty returned – discussion of nature of determination pursuant to s 7(4) of the Criminal Appeal Act 1912 (NSW) – whether it appears to the Court of Criminal Appeal that applicant was mentally ill at time of acts – whether trial miscarried in that trial judge failed to address adequately in reasons for verdicts psychiatric evidence about demeanour of accused in recorded interview – convictions quashed – special verdicts of not guilty on ground of mental illness entered – explanation of meaning and effect of special verdicts
Legislation Cited: Crimes Act 1900 (NSW)
Crimes Legislation Amendment Act 2004 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Criminal Appeal Act 1907
Criminal Appeal Act 1912 (NSW), s 7(4)
Criminal Appeal (Mental Illness) Amendment Act 1986 (NSW)
Criminal Procedure Act 1986 (NSW)
Mental Health Act 1983 (NSW)
Mental Health (Amendment) Bill 1986 (NSW)
Mental Health (Forensic Provisions) Act 1990 (NSW), s 38
Cases Cited: Da-Pra v R; R v Da-Pra [2014] NSWCCA 211
Hitchens v The Queen [1962] Tas SR 35
Hone v The State of Western Australia [2007] WASCA 283
JM v R (2014) NSWCCA 297
Mizzi v the Queen [1960] HCA 77; (1960) 105 CLR 659
R v Anderson [1981] VR 155
R v…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Carter v R

Details

AGLC: Carter v The Queen [2019] NSWCCA 11
Case: [2019] NSWCCA 11
Decision Date: 08 February 2019

CaseChat Overview and Summary

The case of Carter v R involved an appeal against a conviction for wounding with intent to murder, following a high-speed police pursuit. The appellant was tried by a judge sitting alone, and both parties agreed at the first instance that special verdicts of not guilty on the ground of mental illness should be returned. However, despite unanimous psychiatric evidence suggesting the appellant was mentally ill at the time of the acts, the trial judge returned verdicts of guilty instead. The appellant appealed to the Court of Criminal Appeal under section 7(4) of the Criminal Appeal Act 1912 (NSW), arguing that the trial had miscarried because the trial judge failed to address adequately the psychiatric evidence about the appellant's demeanour during a recorded interview.

The legal issues before the Court of Criminal Appeal were whether it appeared to the Court that the appellant was mentally ill at the time of the acts, and if the trial had miscarried due to the trial judge's inadequate consideration of the psychiatric evidence. The Court examined the evidence and the trial judge's reasons for the verdicts, ultimately finding that the trial had indeed miscarried because the trial judge did not adequately address the psychiatric evidence. This failure meant that the trial did not properly consider whether the appellant was mentally ill at the time of the alleged acts, which is a crucial factor in determining the appropriate verdict.

The Court quashed the convictions and directed that special verdicts of not guilty on the ground of mental illness be entered. These special verdicts indicate that the appellant was found not guilty of the offences due to a mental illness, which absolves the appellant of criminal responsibility. The effect of these verdicts is that the appellant is not subject to any conviction or penalty for the offences, and is instead subject to any orders that the court may make under the Mental Health (Forensic Provisions) Act 1990 (NSW).

Orders