NSW Caselaw
New South Wales Court of Appeal
CITATION : DPP v MILLS [2000] NSWCA 236 FILE NUMBER(S) : CA 40420/00 HEARING DATE(S) : 18 August 2000 JUDGMENT DATE : 31 August 2000
DIRECTOR OF PUBLIC PROSECUTIONS (NSW) PARTIES : v JOHN WILLIAM MILLS AND THE DISTRICT COURT OF NEW SOUTH WALES JUDGMENT OF : Meagher JA at 1; Handley JA at 12; Sheller JA at 42
LOWER COURT JURISDICTION : District Court LOWER COURT 99/21/3017 FILE NUMBER(S) : LOWER COURT Moore DCJ JUDICIAL OFFICER :
COUNSEL : P G Berman (Claimant) G P Craddock (Opponent) SOLICITORS : S E O'Connor, Solicitor for Public Prosecutions (Claimant) T A Murphy, Legal Aid Commission (First Opponent) CATCHWORDS : CRIMINAL LAW - whether intellectually disabled accused fit to be tried - trial Judge terminated enquiry as to fitness and discharged accused - Judge failed to fully consider procedures under governing legislation - decision not supported by governing legislation - application for remedy in the nature of prerogative relief - Mental Health (Criminal Procedure) Act 1990, s 10(4) - Mental Health Act 1990 (NSW), Ch 5 Part 2 Mental Health (Criminal Procedure) Act 1990 (NSW) LEGISLATION CITED : Supreme Court Act 1970 (NSW) Mental Health Act 1990 (NSW) Craig v The State of South Australia (1995) 184 CLR 163 CASES CITED: Stapleton v The Queen (1952) 86 CLR 358 Public Service Association (SA) v Federated Clerks Union (1991) 173 CLR 132 DECISION : Determination quashed - orders made
THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40420/2000 99/21/3017 MEAGHER JA HANDLEY JA SHELLER JA
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