R v TW [2022] NSWLC 16

Local Court New South Wales

Medium Neutral Citation: R v TW [2022] NSWLC 16 Hearing dates: 1 November 2022 Date of orders: 7 December 2022 Decision date: 07 December 2022 Jurisdiction: Criminal Before: Donnelly LCM Decision: The application that Magistrate Donnelly disqualify himself from presiding in a second diversionary application under s 14 Mental Health and Cognitive Impairment Forensic Provisions Act, 2020 in the same criminal proceedings where he determined the first application is refused and dismissed. Catchwords: Courts and Magistrates - Bias Legislation Cited: Bail Act 2013 (NSW) Crimes Act 1900 (NSW) Crimes (Mental Disorder) Amendment Act 1989 (NSW) Criminal Procedure Act 1986 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Mental Health (Criminal Procedure) Act 1990 (NSW) Mental Health (Criminal Procedure) Amendment Act 2005 (NSW) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 r 22.5 Cases Cited: British American Tobacco Australia Services Limited v Laurie (2011) 242 CLR 283; [2011] HCA 2 Confos v Director of Public Prosecutions (NSW) [2004] NSWSC 1159 DPP v Sami El Mawas (2006) 66 NSWLR 93; [2006] NSWCA 154 Ebner v The Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Livesey v New South Wales Bar Association (1983) 151 CLR 288 Re JRL; Ex parte CJL (1986) 161 CLR 342 Stanizzo v Badarne [2014] NSWSC 689 Tugrul v Tarrants Financial Consultants Pty Ltd (in liquidation) [No 2] [2013] NSWSC 1971 Webb v The Queen (1994) 181 CLR 41; [1994] HCA 30 Texts Cited: Government Gazette of the State of New South Wales, No 93, 8 September 1989, at 6584 Government Gazette of the State of New South Wales, No 158, 16 December 2005, at 1190 New South Wales Law Reform Commission, People with cognitive and mental health impairments in the criminal justice system: Diversion (Report No 135, June 2012) New South Wales Law Reform Commission, People with cognitive and mental health impairments in the criminal justice system: Criminal responsibility and consequences (Report No 138, May 2013) New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 3 May 1989 at 7330 New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 8 November 2005 at 19214 Category: Procedural rulings Parties: Police (Prosecution) TW (Defendant) Representation: Defendant: Mr D Eid Prosecution: Sergeant Coote File Number(s): 2022/159120 Publication restriction: Pursuant to s 15A Children (Criminal Proceedings) Act 1987 (NSW) there is to be no publication of information that identifies or is likely to lead to the identification of the alleged victim.