Reported Decision:
165 A Crim R 83
New South Wales
Supreme Court
CITATION: Mantell v Molyneux [2006] NSWSC 955 HEARING DATE(S): 03/07/06, 05/07/06
JUDGMENT DATE :
18 September 2006JURISDICTION: Common Law JUDGMENT OF: Adams J at 1 DECISION: Appeal allowed in part; See paras 51-53 CATCHWORDS: Appeal from Local Court - unfitness for trial - relevant considerations - whether diversion under s32 Crimes (Sentencing Procedure) Act 1999 appropriate - relevant considerations LEGISLATION CITED: Crimes Act 1900 (ACT), s428E
Crimes (Local Courts Appeal & Review) Act 2001, s 53(3),
Crimes (Sentencing Procedure) Act 1999, s 9.
Mental Health (Criminal Procedure) Act 1990, ss 32, 33, 34.
Mental Health (Treatment and Care) Act 1994 (ACT), s 68(3).CASES CITED: DPP v El Mawas [2006] NSWCA 154
Eastman v The Queen (2000) 203 CLR 1
House v The King (1936) 55 CLR 499
Mackie v Hunt (1989) 19 NSWLR 130
Ngatai v The Queen (1980) 147 CLR 1
Pioch v Lauder (1976) 13 ALR 266
R v Mailes (2001) 53 NSWLR 251
R v Presser [1958] VR 45PARTIES: Paintiff: Jewel Mantell
Defendant: Alison MolyneuxFILE NUMBER(S): SC 14942/05 COUNSEL: Plaintiff: Mr A. Haesler SC
Defendant: Mr R.D. Cogswell SC, Ms B. BakerSOLICITORS: Plaintiff: Gary Pudney, South Eastern Aboriginal Legal Services
Defendant: I V Knight, Crown SolicitorLOWER COURT JURISDICTION: Local Court LOWER COURT JUDICIAL OFFICER : Magistrate Dick
IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISIONADAMS J
18 September 2006
14942/2005 MANTELL v MOLYNEUX
JUDGMENT
IntroductionHIS HONOUR:
1 This is an appeal under s53(3) of the Crimes (Local Courts Appeal & Review) Act 2001 against three decisions of his Honour Magistrate Dick in the Local Court at Nowra. Those decisions concerned, first, an application under s32 of the Mental Health (Criminal Procedure) Act 1990, secondly, a further application under s32 of that Act and thirdly an application for a permanent stay.
2 This appeal concerns, amongst other things, the application of the provisions of s32 of the Mental Health (Criminal Procedure) Act 1990 (the Act) which is in the following terms –
- “Persons suffering from mental illness or condition
- (1) If, at the commencement or at any time during the course of the hearing of proceedings before a Magistrate, it appears to the Magistrate:
- (a) that the defendant is (or was at the time of the alleged commission of the offence to which the proceedings relate):
(i) developmentally disabled, or
(ii) suffering from mental illness, or
- (iii) suffering from a mental condition for which treatment is available in a hospital,
(b) that, on an outline of the facts alleged in the proceedings or such other evidence as the Magistrate may consider relevant, it would be more appropriate to deal with the defendant in accordance with the provisions of this Part than otherwise in accordance with law,
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- AGLC
- Mantell v Molyneux [2006] NSWSC 955
- Case
- [2006] NSWSC 955
- Decision Date
CaseChat Overview and Summary
The court needed to determine whether the appellant's mental state rendered them unfit for trial and, if so, whether a diversion under section 32 of the Crimes (Sentencing Procedure) Act 1999 was appropriate. The court was tasked with considering the relevant factors in making this determination, including the appellant's understanding of the proceedings, the nature and seriousness of the offence, and the potential benefits of a diversion for the appellant's rehabilitation.
In delivering its decision, the court found that the appellant's mental state did indeed render them unfit for trial. However, the court concluded that a diversion under section 32 of the Crimes (Sentencing Procedure) Act 1999 was not appropriate in this case. The court found that the appellant's unfitness for trial was due to their severe mental illness, which was not treatable in a way that would make them fit for trial. The court also considered the nature and seriousness of the offence, as well as the potential benefits of a diversion for the appellant's rehabilitation, and determined that a diversion was not in the best interests of justice.
The court's final orders were that the appellant's appeal be dismissed and that the original decision of the Local Court be upheld. The court found that the Local Court had correctly determined that the appellant was unfit for trial and that a diversion under section 32 of the Crimes (Sentencing Procedure) Act 1999 was not appropriate. The court's decision provides guidance to future cases regarding the relevant factors to be considered in determining whether a diversion under this legislation is appropriate.
Orders
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Background
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Evidence
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Decision
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