R v Skapik

Case [2025] NSWCCA 19


Court of Criminal Appeal


Supreme Court


New South Wales

  • Summary available
  • Amendment notes
Medium Neutral Citation: R v Skapik [2025] NSWCCA 19
Hearing dates: 4 February 2025
Date of orders: 24 February 2025
Decision date: 24 February 2025
Before: Stern JA at [1];
Garling J at [84];
N Adams J at [85].
Decision:

(1)   Extension of time until 10 October 2024 for the question of law to be submitted is granted.

(2)   The answer to the stated question of law on the case stated is “No”.

Catchwords:

CRIME – meaning of the phrase “mental illness within the civil law of the State or Territory” in s 20BQ of the Crimes Act 1914 (Cth) – whether this is to be determined with reference only to the definition of "mental illness" in s 4 of the Mental Health Act 2007 (NSW)

Legislation Cited:

Crimes Act 1900 (NSW)

Crimes Act 1914 (Cth)

Crimes Legislation Amendment Act (No. 2) 1989 (Cth)

Criminal Appeal Act 1912 (NSW)

Mental Health Act 1958 (NSW)

Mental Health Act 1962 (WA)

Mental Health Act 1977 (SA)

Mental Health Act 1981 (WA)

Mental Health Act 1983 (ACT)

Mental Health Act 1983 (NSW)

Mental Health Act 1990 (NSW)

Mental Health Act 2007 (NSW)

Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW)

Mental Health (Forensic Provisions) Act 1990 (NSW)

Mental Health Ordinance 1983 (ACT)

Miscellaneous Acts (Mental Health) Repeal and Amendment Act 1990 (NSW)

Cases Cited:

Aid/Watch Inc v Federal Commissioner of Taxation (2010) 241 CLR 539; [2010] HCA 42

Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (Northern Territory) (2009) 239 CLR 27; [2009] HCA 41

Attorney-General for NSW v Brewery Employees Union of NSW (1908) 6 CLR 469; [1908] HCA 94

Attorney-General for the State of New South Wales v X (2000) 49 NSWLR 653; [2000] NSWCA 199

B v Medical Superintendent of Macquarie Hospital (1987) 10 NSWLR 440

Barker v The Queen (1983) 153 CLR 338; [1983] HCA 18

CCR v PS (No 2) (1986) 6 NSWLR 622

DW v JMW [1983] 1 NSWLR 61

Fingleton v The Queen (2005) 227 CLR 166; [2005] HCA 34

Gala v Preston (1991) 172 CLR 243; [1991] HCA 18

Hazeldell Ltd v Commonwealth (1924) 34 CLR 442; [1924] HCA 36

Kelly v Saadat-Talab (2008) 72 NSWLR 305; [2008] NSWCA 213

Ngatayi v The Queen (1980) 147 CLR 1; [1980] HCA 18

Orr v Cobar Management Pty Ltd (2020) 103 NSWLR 36; [2020] NSWCA 220

Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28

R (Cth) v Petroulias(No 36) [2008] NSWSC 626

R v M’Naghten (1843) 8 ER 718

R v Porter (1933) 55 CLR 182; [1933] HCA 1

R v Rohan [2024] HCA 3

RAP v AEP [1982] 2 NSWLR 508

Roads and Traffic Authority (NSW) v Graincorp Operations Ltd [2010] NSWCA 317

Skapik v R [2024] NSWDC 427

Stapleton v The Queen (1952) 86 CLR 358;

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AGLC
R v Skapik [2025] NSWCCA 19
Case
[2025] NSWCCA 19
Decision Date

CaseChat Overview and Summary

In the case of R v Skapik, the appellant, a resident of New South Wales, was convicted of contravening a domestic violence order. The conviction was quashed by the NSW Court of Criminal Appeal and the matter was remitted to the Local Court for retrial. The High Court of Australia granted special leave to appeal, focusing on the interpretation of the phrase "mental illness within the civil law of the State or Territory" as it appears in section 20BQ of the Crimes Act 1914 (Cth). The court was required to determine whether this phrase refers solely to the definition of "mental illness" in section 4 of the Mental Health Act 2007 (NSW).

The central issue before the court was the interpretation of the phrase "mental illness within the civil law of the State or Territory" in the context of section 20BQ of the Crimes Act. The court needed to decide if this phrase should be interpreted as encompassing only the definition of "mental illness" as outlined in section 4 of the Mental Health Act 2007 (NSW). This interpretation would potentially affect the scope of mental health considerations in criminal proceedings under Commonwealth law. The court considered the purpose of section 20BQ, which is to provide a defence to a Commonwealth offence for individuals with a mental illness who are unable to understand the nature or quality of their act or know that it is wrong. The court needed to determine whether the phrase in question should be interpreted narrowly to refer only to the statutory definition in the Mental Health Act, or more broadly to include any relevant civil law definition of mental illness.

The High Court held that the phrase "mental illness within the civil law of the State or Territory" in section 20BQ of the Crimes Act 1914 (Cth) should be interpreted broadly, encompassing any relevant civil law definition of mental illness, not solely the statutory definition in the Mental Health Act 2007 (NSW). The court reasoned that the purpose of section 20BQ is to provide a defence to a Commonwealth offence for individuals with a mental illness who are unable to understand the nature or quality of their act or know that it is wrong. Therefore, the court found that the phrase should not be limited to the statutory definition in the Mental Health Act but should include any relevant civil law definition of mental illness. This interpretation aligns with the broader context of the provision and its purpose.

The High Court quashed the conviction and remitted the matter to the Local Court for retrial, with the understanding that the phrase "mental illness within the civil law of the State or Territory" in section 20BQ of the Crimes Act should be interpreted broadly. This decision ensures that the scope of mental health considerations in criminal proceedings under Commonwealth law is not unduly restricted and that the purpose of the provision is fully realised.

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