Haydon John Newman v Regina [2007] NSWCCA 103

Reported Decision: 173 A Crim R 1

New South Wales Court of Criminal Appeal

CITATION: Haydon John Newman v Regina [2007] NSWCCA 103

HEARING DATE(S): 7 March 2007

JUDGMENT DATE: 18 April 2007

JUDGMENT OF: Spigelman CJ at 1; Bell J at 49; Price J at 50

DECISION: Leave to appeal out of time granted. Appeal dismissed

CATCHWORDS: MENTAL HEALTH – statutory interpretation of s10(4) Mental Health (Criminal Procedure) Act 1990 – purpose of the scheme established by the Mental Health (Criminal Procedure) Act 1990 – discretions available to the trial judge - "inappropriate to inflict any punishment" – meaning of "any punishment" – applicability of sentencing principles - APPEAL – New South Wales – Court of Criminal Appeal – s5F(3)(b) Criminal Appeal Act 1912 – whether an order pursuant to s10(4) of the Mental Health (Criminal Procedure) Act 1990 is an interlocutory order for the purposes of s5F(3)(b) Criminal Appeal Act 1912 - WORDS & PHRASES – "any punishment"

Crimes Act 1900; s428F(5); s556A Crimes (Sentencing Procedure) Act 1999; s10 LEGISLATION CITED: Criminal Appeal Act 1912; s5F Criminal Appeal Rules; r5B; r28 Mental Health (Criminal Procedure) Act 1990; s4; s5; s6; s7; s8; s9; s10; s11; s11A; s12; s14; s18; s19; s21A ;s22 ;s23

Application by the Attorney General under Section 37 of the Crimes (Sentencing Procedure) Act (No 3 of 2002) (2004) 61 NSWLR 305 Director of Public Prosecutions v El Mawas [2006] NSWCA 154 Director of Public Prosecutions v Mills [2000] NSWCA 236 Licul v Corney (1976) 180 CLR 213 R v Lancaster (1991) 58 A Crim R 290 CASES CITED: R v Mifsud (NSWCCA unreported 8 November 1995) R v Pavia (1993) 67 A Crim R 364 R v Rhodes (NSWCCA unreported 20 November 1996) R v Steffan (1993) 30 NSWLR 633 Ryan v The Queen (2001) 206 CLR 267 Smith v The Queen [2007] NSWCCA 39