NSW Caselaw
Reported Decision: 169 A CRIM R 265
New South Wales Court of Criminal Appeal
CITATION: SMITH v. REGINA [2007] NSWCCA 39
HEARING DATE(S): Tuesday 5 December 2006
JUDGMENT DATE: 27 February 2007
JUDGMENT OF: Sully J at 1; Howie J at 2; Hall J at 3
DECISION: The application for leave to appeal be granted. The limiting period of three years nominated by Geraghty, DCJ. should be set aside. That in lieu a limiting term be nominated pursuant to s.23(1)(b) of the Mental Health (Criminal Procedure) Act 1990 (NSW) of two years to commence on 9 March 2005 and to expire on 8 March 2007. The applicant is eligible for immediate release from detention on 8 March 2007.
CATCHWORDS: Sentence - applicant convicted of one count of aggravated sexual assault - jury verdict on limited evidence pursuant to the Mental Health (Criminal Procedure) Act 1990 - whether power to impose a limiting term under the Crimes (Sentencing Procedure) Act 1999 - consequences of finding pursuant to the Mental Health (Criminal Procedure) Act - judge had the power and jurisdiction to impose a limiting term pursuant to the Mental Health (Criminal Procedure) Act - remarks on sentence did not translate to determination of the appropriate duration of the limiting term - sentence imposed manifestly excessive.
Mental Health (Criminal Procedure) Act 1990 LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
CASES CITED: R v An (No 2) [2006] NSWCCA 218 DPP v Mills [2000] NSWCA 236
PARTIES: WILLIAM ROGER SMITH v. REGINA
FILE NUMBER(S): CCA No. 2006/1959
COUNSEL: Crown: D Woodburne App: R Burgess
SOLICITORS: Crown: S E O'Connor App: S Kavanagh
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