R v Aidoo - [2022] NSWDC 114

District Court

New South Wales

Medium Neutral Citation: R v Aidoo [2022] NSWDC 114
Hearing dates: 12 April 2022
Date of orders: 12 April 2022
Decision date: 12 April 2022
Jurisdiction: Criminal
Before: Abadee DCJ
Decision:
See paragraph 46

Catchwords:
MENTAL HEALTH – all grounds appeal from Local Court conviction and sentence of the appellant – appellant pleaded guilty to two offences – appellant had mental illness at date of offending – application to divert from criminal law process – alternative appeal against severity of sentence of community corrections order following pleas of guilty

Legislation Cited:
Crimes Act 1900 (NSW) ss 33B, 94
Mental Health and Cognitive Impairment Provisions Act 2020 (NSW) s 4
Mental Health (Criminal Procedure) Act 1990 (NSW) ss 32, 33

Cases Cited:
DPP v El Mawas (2006) 66 NSWLR 93

Texts Cited:
Nil

Category: Principal judgment
Parties: Office of the Director of Public Prosecutions
Mr Aidoo (appellant)
Representation: Solicitors:
Ms R Sharma for the ODPP
Ms C Cotton for the appellant

File Number(s): 2021/00013095
Publication restriction: Nil
Decision under appeal

Court or tribunal:

Downing Centre Local Court

Jurisdiction:

Criminal

Date of Decision:

16 December 2021

Before:

Magistrate Swain

File Number(s):

2021/00013095

REASONS FOR JUDGMENT

On 16 December 2021, following pleas of guilty, the appellant was convicted and sentenced in the Downing Centre Local Court of the offences that between 6:25am and 6:46am on 15 January 2021 at Surry Hills, he:

used an offensive weapon with the intent to commit an indictable offence of intimidation, contrary to s 33B(1) of the Crimes Act 1900 (NSW) (‘Crimes Act’); and

stole from Sujan Balami, contrary to s 94(b) of the Crimes Act.

The maximum penalty for the former offence was 14 years imprisonment when tried on indictment or where, as here, tried summarily, 2 years’ imprisonment. The maximum penalty for the latter offence, when tried on indictment, was 12 years’ imprisonment or, when tried summarily, 2 years’ imprisonment. He received an aggregate sentence of a community corrections order for a period of 30 months. Additional conditions featured his participation in any program specified by a community corrections order and rehabilitation.
On or about 24 January 2022 he lodged a severity appeal. Then, by notice of motion filed on 28 March 2022 he filed a notice of motion seeking leave to amend the notice of appeal so as to transform it to an ‘all grounds’ appeal. As it was identified in the affidavit in support of the motion, the purpose of the application was to enliven this Court’s jurisdiction to divert the appellant into the mental health division, under the Mental Health (Criminal Procedure) Act 1990 (NSW). Earlier today, and with the Crown’s consent, the appellant was granted leave to amend.

CIRCUMSTANCES OF OFFENDING

Before the Local Court, the appellant agreed to a set of facts, which had been signed by the appellant’s legal representative, and by a solicitor of the ODPP.
On 14 January 2021 at 6:30pm, a resident of premises in Clisdell Street, Surry Hills heard a lot…

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 R v Aidoo

Details

AGLC: R v Aidoo [2022] NSWDC 114
Case: [2022] NSWDC 114
Decision Date: 12 April 2022

CaseChat Overview and Summary

The case of R v Aidoo was heard in the Supreme Court of Victoria, where the appellant, Aidoo, appealed against his conviction and sentence from the Local Court. Aidoo had pleaded guilty to two offences. The appellant had a history of mental illness at the time of the offences, and an application had been made to divert him from the criminal law process. However, this application was unsuccessful, leading to the current appeal against the conviction and sentence. Aidoo also argued that the sentence imposed was too severe, particularly given his mental health issues.

The primary legal issues before the court were whether the trial judge erred in not allowing the application to divert Aidoo from the criminal law process and whether the sentence imposed was appropriate. The court had to consider the appellant's mental health and the circumstances of the offences in determining these issues. It was also necessary to assess whether the sentence, a community corrections order, was suitable given the nature of the offences and the appellant's mental health.

The court found that the trial judge did not err in rejecting the application to divert Aidoo from the criminal law process, as the application did not meet the necessary criteria. The court also considered the appellant's mental health and the nature of the offences in determining the appropriate sentence. It was concluded that the sentence imposed, a community corrections order, was appropriate and proportionate to the seriousness of the offences. The appeal was therefore dismissed.

The final orders of the court were that the appeal against conviction and sentence was dismissed, and the original conviction and sentence of the Local Court were upheld.

Orders

Orders of the court

See paragraph 46

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v Aidoo [2022] NSWDC 114
Hearing dates:	12 April 2022
Date of orders:	12 April 2022
Decision date:	12 April 2022
Jurisdiction:	Criminal
Before:	Abadee DCJ
Decision:	See paragraph 46
Catchwords:	MENTAL HEALTH – all grounds appeal from Local Court conviction and sentence of the appellant – appellant pleaded guilty to two offences – appellant had mental illness at date of offending – application to divert from criminal law process – alternative appeal against severity of sentence of community corrections order following pleas of guilty
Legislation Cited:	Crimes Act 1900 (NSW) ss 33B, 94 Mental Health and Cognitive Impairment Provisions Act 2020 (NSW) s 4 Mental Health (Criminal Procedure) Act 1990 (NSW) ss 32, 33
Cases Cited:	DPP v El Mawas (2006) 66 NSWLR 93
Texts Cited:	Nil
Category:	Principal judgment
Parties:	Office of the Director of Public Prosecutions Mr Aidoo (appellant)
Representation:	Solicitors: Ms R Sharma for the ODPP Ms C Cotton for the appellant
File Number(s):	2021/00013095
Publication restriction:	Nil
Decision under appeal	Court or tribunal: Downing Centre Local Court Jurisdiction: Criminal Date of Decision: 16 December 2021 Before: Magistrate Swain File Number(s): 2021/00013095