Criminal Appeal (Mental Illness) Amendment Act 1986 (NSW)

CRIMINAL APPEAL (MENTAL ILLNESS) AMENDMENT

ACT 1986 No. 94

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title
2. Commencement

3.     Amendment of Act No. 16, 1912

4.     Amendment of Act No. 181, 1983, Sch. 2 (Amendments)

SCHEDULE 1—AMENDMENTS TO THE CRIMINAL APPEAL ACT 1912

CRIMINAL APPEAL (MENTAL ILLNESS) AMENDMENT ACT 1986

No. 94

NEW SOUTH WALES

An Act to amend the Criminal Appeal Act 1912 with respect to appeals
under that Act as a consequence of the enactment of the Crimes

(Mental Disorder) Amendment Act 1983. [Assented to, 29 May 1986]

Criminal Appeal (Mental Illness) Amendment 1986

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:

Short title

1. This Act may be cited as the "Criminal Appeal (Mental Illness)

Amendment Act 1986".

Commencement

(1) Sections 1, 2 and 4 shall commence on the date of assent to this (2) Except as provided by subsection (1), this Act shall commence on the day appointed and notified under section 2 (3) of the Crimes (Mental Disorder) Amendment Act 1983 in respect of Schedule 1 (3) to that Act.

2.

Act.

Amendment of Act No. 16, 1912

3. The Criminal Appeal Act 1912 is amended in the manner set forth

in Schedule 1.

Amendment of Act No. 181, 1983, Sch. 2 (Amendments)

4.     The Miscellaneous Acts (Mental Health) Repeal and Amendment Act

1983 is amended by omitting from Schedule 2 the matter relating to the

Criminal Appeal Act 1912.

SCHEDULE 1

(Sec. 3)

AMENDMENTS TO THE CRIMINAL APPEAL ACT 1912

(1) Section 2 (Interpretation)—

(a) Section 2(1), definition of "Conviction"—

Before the definition of "Court", insert:

"Conviction" includes a finding or verdict under or in accordance with section 428i (2), 428o (5) (c) or (d) or

4 2 8 T (2) of the Crimes Act 1900 in respect of a person;

3   Act No. 94

Criminal Appeal (Mental Illness) Amendment 1986

SCHEDULE I—continued

AMENDMENTS TO THE CRIMINAL APPEAL ACT 1912 —continued

(b) Section 2(1), definition of "Sentence"—

After "property,", insert "a limiting term within the meaning of section 4 2 8 P of the Crimes Act 1900 and an order under section

428ZB of the Crimes Act 1900,".

(2) Section 5 (Right of appeal in criminal cases)—

Section 5 (2)—

Omit "insanity, where such insanity", insert instead "mental illness, where mental illness".

(3) Section 6 A —

After section 6, insert:

Powers of court in relation to certain convictions and sentences concerning mentally ill persons

6A. On an appeal under section 5(1) against a conviction or

sentence, being—

(a) a finding or verdict under or in accordance with section

428i (2), 428o (5) (c) or (d) or 4 2 8 T (2) of the Crimes Act

1900 in respect of a person; or

(b) a limiting term within the meaning of section 428P of the Crimes Act 1900 or an order under section 428ZB of that Act in respect of a person,

the court may make any finding, verdict, order or determination which could have been made in relation to the proceedings before the court of trial.

Criminal Appeal (Mental Illness) Amendment 1986

SCHEDULE 1—continued

AMENDMENTS TO THE CRIMINAL APPEAL ACT 1912 —continued

(4) Section 7 (Powers of court in special cases)—

Section 7 (4)—

Omit the subsection, insert instead:

(4) If, on any appeal, it appears to the court that, although the appellant committed the act or made the omission charged against the appellant, the appellant was mentally ill, so as not to be responsible, according to law, for his or her action at the time when the act was done or omission made, the court may quash the conviction and sentence passed at the trial and order that the appellant be detained in strict custody in such place and in such manner as the court thinks fit until released by due process of law.