Slattery v R (No 2) [2023] NSWCCA 171

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Slattery v R (No 2) [2023] NSWCCA 171 Hearing dates: 2 December 2022 Date of orders: 7 July 2023 Decision date: 07 July 2023 Before: Bell CJ at [1]; Ward P at [43]; Wilson J at [44] Decision: Affirm the limiting terms imposed by Syme DCJ on 26 November 2021. Catchwords: MENTAL HEALTH – criminal proceedings – person unfit to be tried – special hearing – appeal from qualified findings of guilt after special hearing – where appeal successful in respect of some, but not all, qualified findings of guilt – where offender sentenced to individual limiting terms – consequential power to vary limiting terms attached to remaining undisturbed counts, even where no appeal against sentence was brought – proper approach to s 7(1) of the Criminal Appeal Act 1912 (NSW) CRIME – appeals – appeal against conviction – where person convicted of multiple offences – appeal successful in respect of some, but not all, counts – where offender sentenced to individual sentences for each offence – consequential power to vary sentences attached to remaining undisturbed convictions, even where no appeal against sentence was brought – proper approach to s 7(1) of the Criminal Appeal Act 1912 (NSW) Legislation Cited: Crimes Act 1958 (Vic), s 569(1) (now repealed) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A(5A), 30L(4) Criminal Appeal Act 1912 (NSW), ss 5(1), 6(3), 7(1) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 55, 62(b), 63, 64(2), 65 Cases Cited: Cahyadi v The Queen (2007) 168 A Crim R 41; [2007] NSWCCA 1 Hantzis v R [2006] NSWCCA 387 Kentwell v R (2014) 252 CLR 601; [2014] HCA 37 McL v R (2000) 203 CLR 452; [2000] HCA 46 Ryan v R (1982) 149 CLR 1; [1982] HCA 30 Sheehan (No 2) v R [2006] NSWCCA 332 Category: Principal judgment Parties: Daniel Slattery (Appellant) The Crown (Respondent) Representation: Counsel: D Phillips (Appellant) H Roberts SC with C Young (Respondent)