District Court
New South Wales
Medium Neutral Citation: Skapik v R [2024] NSWDC 427 Hearing dates: 04 June 2024 Date of orders: 03 September 2024 Decision date: 03 September 2024 Jurisdiction: Criminal Before: Scotting DCJ Decision: (1) The appeal against conviction is allowed.
(2) I set aside the convictions and the penalties imposed by the Magistrate.
(3) I find that as at 3 September 2024, the appellant is suffering from a mental illness within the civil law of New South Wales.
(4) Based on the facts and the evidence it would be more appropriate to deal with the appellant in accordance with s 20BQ Crimes Act 1914 otherwise than in accordance with law.
(5) I dismiss the Court Attendance Notice and discharge the appellant into the care of Mr Peter Khanna, psychologist, for a period of 12 months from 3 September 2024, concluding on 2 September 2025 on condition that he continues to participate in treatment with Mr Khanna at such times as may be arranged between them.
(6) Should the appellant fail to comply with the conditions of this order he may be called to appear before the Court following notification by Mr Khanna to the Court or Community Corrections of non-compliance and the charges may be dealt with as if the appellant had not been discharged.
Catchwords: CRIME – Appeal and Review – By person convicted against conviction
MENTAL HEALTH – Criminal proceedings – Diversionary scheme - Diversion of person into mental health treatment – s 20BQ Crimes Act 1914 (Cth) – Definitions “mental illness”
STATUTORY INTERPRETATION – Meaning of the phrase “mental illness within the civil law of the State or Territory” in s 20BQ Crimes Act 1914 (Cth)Legislation Cited: Civil Liability Act 2002 (NSW)
Crimes Act 1914
Crimes (Appeal and Review) Act 2001
Criminal Code 1995 (Cth)
Interpretation Act 1901
Mental Health Act 1958 (NSW)
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)
Telecommunications Act 1977 (Cth)
Cases Cited: AGv Director of Public Prosecutions [2015] NSWCA 218
Certain Lloyd’s Underwriters v Cross (2012) 248 CLR 378
Certain Lloyd’s Underwriters v Cross (2012) 87 ALJR 131
Chararav R [2006] NSWCCA 244
Commonwealth Director of Public Prosecutions v Mahamat-Abgelgader [2017] NSWSC 1102
Commonwealth v McLean (1996) 41 NSWLR 389
Confos v Director of Public Prosecutions [2004] NSWSC 1159
DPP v El Mawas (2006) 66 NSWLR 93
Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89
Federal Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 250 CLR 503
Fox v Percy (2003) 214 CLR 118
GianoutsasvGlykis [2006] NSWCCA 137
Hili v The Queen (2010) 242 CLR 520
Continue reading Skapik v The King
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- AGLC
- Skapik v The King [2024] NSWDC 427
- Case
- [2024] NSWDC 427
- Decision Date
CaseChat Overview and Summary
The primary legal issues for the court to determine were whether the appellant qualified as suffering from a mental illness under the civil law of New South Wales at the relevant time and whether the correct legal process was followed in dealing with his case. The court needed to interpret the phrase "mental illness within the civil law of the State or Territory" as used in section 20BQ of the Crimes Act. The appellant argued that he should have been diverted into mental health treatment rather than convicted and sentenced.
The court found that the appellant did indeed suffer from a mental illness as defined by the civil law of New South Wales at the relevant time. The court also concluded that the correct process under section 20BQ of the Crimes Act should have been followed, which would have involved diverting the appellant into mental health treatment rather than convicting and sentencing him. The appeal against conviction was allowed, the convictions and penalties were set aside, and the appellant was discharged into the care of a psychologist for a period of 12 months with specific conditions. If the appellant failed to comply with these conditions, he could be called to appear before the court, and the charges would be dealt with as if he had not been discharged.
Orders
Orders of the court
(1) The appeal against conviction is allowed.
(2) I set aside the convictions and the penalties imposed by the Magistrate.
(3) I find that as at 3 September 2024, the appellant is suffering from a mental illness within the civil law of New South Wales.
(4) Based on the facts and the evidence it would be more appropriate to deal with the appellant in accordance with s 20BQ Crimes Act 1914 otherwise than in accordance with law.
(5) I dismiss the Court Attendance Notice and discharge the appellant into the care of Mr Peter Khanna, psychologist, for a period of 12 months from 3 September 2024, concluding on 2 September 2025 on condition that he continues to participate in treatment with Mr Khanna at such times as may be arranged between them.
(6) Should the appellant fail to comply with the conditions of this order he may be called to appear before the Court following notification by Mr Khanna to the Court or Community Corrections of non-compliance and the charges may be dealt with as if the appellant had not been discharged.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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