NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Bhuiyan v R [2009] NSWCCA 221
HEARING DATE(S): 5 August 2009
JUDGMENT DATE: 2 September 2009
JUDGMENT OF: McClellan CJatCL at 1; Howie J at 32; McCallum J at 33
DECISION: Leave to appeal granted but appeal dismissed.
CATCHWORDS: CRIMINAL LAW - appeal - severity of limiting term - weight given to general deterrence and mental disorder in determining the limiting term - special circumstances
Mental Health (Criminal Procedure) Act 1990 now known as the Mental Health (Forensic Provisions) Act 1990 LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
CATEGORY: Principal judgment
R v Engert (1995) 84 A Crim R 67 CASES CITED : R v Hemsley [2004] NSWCCA 228 R v Way (2004) 68 NSWLR 168
PARTIES: Ashadulhoque Bhuiyan (applicant) The Crown
FILE NUMBER(S): CCA 15324/07
COUNSEL: H Cox (applicant) N Noman (Crown)
SOLICITORS: The People's Solicitor Pty Ltd (applicant) Director of Public Prosecutions (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 07/11/0525
LOWER COURT JUDICIAL OFFICER: Finnane DCJ
LOWER COURT DATE OF DECISION: 11 April 2008
IN THE COURT OF CRIMINAL APPEAL 15324/07
McCLELLAN CJ at CL HOWIE J McCALLUM J
WEDNESDAY 2 SEPTEMBER 2009 BHUIYAN, Ashadulhoque v R Judgment 1 McCLELLAN CJ at CL: The applicant seeks leave to appeal against the severity of a limiting term imposed upon him pursuant to the provisions of s 23(1)(b) of the Mental Health (Criminal Procedure) Act 1990, now known as the Mental Health (Forensic Provisions) Act 1990. 2 A special hearing was conducted before a judge and jury on an indictment containing three counts relating to an incident which occurred on 25 August 2005. The counts were as follows:
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