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 1. 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: 1. 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 2. stole from Sujan Balami, contrary to s 94(b) of the Crimes Act. 1. 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. 2. 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.