NSW Caselaw
Reported Decision : 58 NSWLR 438
New South Wales Court of Criminal Appeal
CITATION : R v R.T.I. [2003] NSWCCA 283 HEARING DATE(S) : 01/10/2003 JUDGMENT DATE : 1 October 2003
JUDGMENT OF : Tobias JA at 1; Howie J at 2; Shaw J at 32 DECISION : In respect of each indictment the appeal is allowed and the convictions quashed. There is to be a retrial in respect of all charges of which the appellant was convicted.
CATCHWORDS : Criminal Law and Procedure - Appeal - Appeal against conviction - Question of fitness raised after conviction and sentence Crimes Act 1900 - ss 61E(1), 61E(1)(A), 61E(2A), 66A, 66C(2) Mental Health Act 1990 LEGISLATION CITED : Crimes Act (ACT) - s 475 Criminal Appeal Act 1912 - s 12 Mental Health (Criminal Procedure) Act 1990 - ss 7-10, 13-14, 23 Eastman v The Queen (2000) 203 CLR 1 Eastman v Director of Public Prosecutions (ACT) (2003) 77 ALJR 1122 CASES CITED : R v Kent (NSWCCA, 25 September 1996, unreported) R v Kent (NSWCCA, 8 October 1998, unreported) R v Mailes (2001) 126 A Crim R 155 R v Zhang [2000] NSWCCA 344 PARTIES : Regina v R.T.I. FILE NUMBER(S) : CCA 60001/2003 COUNSEL : D. Howard - Crown J. Mundey - Appellant SOLICITORS : C.K. Smith - Crown G. Chegwidden - Appellant
LOWER COURT District Court JURISDICTION : LOWER COURT 00/41/0192 FILE NUMBER(S) : LOWER COURT Twigg DCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL 60001/2003
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