R v Logan [2004] NSWCCA 101

New South Wales Court of Criminal Appeal

CITATION : R v Logan [2004] NSWCCA 101 HEARING DATE(S) : 2 April 2004 JUDGMENT DATE : 16 April 2004

JUDGMENT OF : Wood CJ at CL at 1; Sperling J at 2; Kirby J at 68 DECISION : 1. Time for appeal extended to 18 October 2003; 2. Appeal dismissed.

CATCHWORDS : Criminal law - appeal against verdict of not guilty by reason of mental illness - appeal incompetent in view of the plea having been entered on the appellant's informed instructions - appeal also dismissed on the merits - no question of principle Criminal Appeal Act, 1912, s5, s6 LEGISLATION CITED : Criminal Procedure Act 1986, s132 Mental Health (Criminal Procedure) Act 1990, s5, s7, s10, s13, s16, s18, s19, s21, s22, s25, s38, s39 Foy (1922) 38 WN (NSW) 20 CASES CITED : Grieg (1996) 89 A Crim R 254 Re M'Naghten's Case (1843) 10 Cl & Fin 200 PARTIES : Regina Paul Jason Logan FILE NUMBER(S) : CCA 60413/03 COUNSEL : Dr P Power SC for the Crown The Appellant in person SOLICITORS : Director of Public Prosecutions The Appellant in person

LOWER COURT District Court JURISDICTION : LOWER COURT 01/11/0082 FILE NUMBER(S) : LOWER COURT Kinchington DCJ JUDICIAL OFFICER :

- 8 - IN THE COURT OF CRIMINAL APPEAL 60413/03

Wood CJ at CL Sperling J Kirby J

Friday, 16 April 2004 Regina v Paul Jason Logan Judgment 1 Wood CJ at CL: I have read in draft form the judgment of Sperling J. I agree with the orders proposed, and with the reasons of his Honour. 2 Sperling J: On 18 June 2001, the appellant stood trial in the District Court on a charge that on 13 October 1999 he robbed a person of a wallet and $150 in cash in circumstances of aggravation, namely, that at the time of the robbery he used corporal violence.