NSW Caselaw
Reported Decision : 163 A Crim R 133 66 NSWLR 523
New South Wales Court of Criminal Appeal
CITATION: A.N (No. 2) v Regina [2006] NSWCCA 218 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 3 May 2006
JUDGMENT DATE: 24 July 2006
JUDGMENT OF: James J at 1; Simpson J at 88; Rothman J at 89
DECISION: Order pursuant to s 24(1)(b) of the Mental Health (Criminal Procedure) Act effective from 6 July 2005 and until further order that the applicant be detained in the Frank Baxter Juvenile Justice Detention Centre.; Order pursuant to s 27(b) of the Mental Health (Criminal Procedure) Act that the applicant be henceforth detained during the limiting terms in a Juvenile Justice Detention Centre. The Court recommends that the applicant be detained in the Frank Baxter Juvenile Justice Detention Centre.
CATCHWORDS: Mental Health (Criminal Procedure) Act 1990 - s.24(1)(b) - s 27(b) extent of power - whether discretion to make an order - whether Court can make order that part only of a limiting term be served in custody or detention.
Crimes Act 1900 - s. 61J Mental Health (Criminal Procedure) Act 1990 - ss 11, 24 LEGISLATION CITED: Criminal Appeal Act 1912 - s 2 Crimes (Sentencing Procedure) Act 1999 - s 43 Children (Detention Centres) Act 1987
Erceg v The District Court of NSW [2003] NSWCA 379 L. Shaddock & Associates Pty Limited v Parramatta City Council (No. 2) (1982) 151 CLR 590 Grierson v The King (1938) 60 CLR 431 R v Carrion (2002) 128 A Crim R 29 Postiglione v The Queen (1997) 189 CLR 295 R v Allen (1994) 1 Qd R 526 R v De Zylva (1998) 38 A Crim R 207 CASES CITED: Re Cripps ex parte Muldoon [1984] 1 QB 686 R v Jovanovic (1996) 106 A Crim R 548 R v Reardon (2004) 146 A Crim R 475 Mailes v Director of Public Prosecutions and Mental Health Review Tribunal (unreported) Hulme J at 10 April 2000 R v Adams (2003) 58 NSWLR 1 R v Tas (District Court 1 Oct. 1997) R v Boyle (unreported Matthews J 18/9/92) R v Mailes (2004) 62 NSWLR 181 R v Mitchell (1999) 108 A Crim R 85
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate