Saadat-Talab v Australia Federal Police [2007] NSWSC 1353

Reported Decision : 178 A Crim R 527 215 FLR 205

New South Wales Supreme Court

CITATION : Saadat-Talab v Australia Federal Police [2007] NSWSC 1353 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 8 October 2007

JUDGMENT DATE : 28 November 2007

JURISDICTION : Common Law

JUDGMENT OF : Rothman J

(i) Pursuant to Part 51B Rule 5(5) of the Supreme Court Rules, time for the filing of the summons be extended to include the date of its filing;

(ii) Pursuant to s 53(3) of the Crimes (Local Courts Appeal and Review) Act, leave to appeal be granted;

(iii) The decision of her Honour Magistrate Huber LCM given on 22 December 2006 in relation to the application of Mr Saadat-Talab under s 32 of the Mental Health (Criminal Procedure) Act be set aside;

DECISION : (iv) The matter be remitted to the Local Court for determination in accordance with law;

(v) The defendant shall pay the costs of and incidental to these proceedings, as agreed or assessed;

(vi) Any party has liberty to apply on the form of these orders or on the question of the issue of costs;

(vii) Otherwise the proceedings be dismissed.

CATCHWORDS : CRIMINAL LAW – summary proceedings – Commonwealth offence – availability of diversionary orders under state legislation - STATUTORY CONSTRUCTION – alleged inconsistency – s 20BQ of Crimes Act 1914 (Cth) and s 32 of Mental Health (Criminal Procedure) Act 1990 (NSW) – operation of s 68 of Judiciary Act 1903 (Cth) – no inconsistency.

Crimes Act 1914 (Cth) Crimes (Local Courts Appeal and Review) Act 2001 Criminal Code Act 1995 (Cth) LEGISLATION CITED : Interpretation Act 1987 Judiciary Act 1903 (Cth) Mental Health Act 1990 Mental Health (Criminal Procedure) Act 1990 Migration Act 1958 (Cth)