Skelton v R [2015] NSWCCA 320

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Skelton v R [2015] NSWCCA 320 Hearing dates: 9 November 2015 Decision date: 16 December 2015 Before: Beazley P and Davies J at [1]; R S Hulme AJ at [161] Decision: (1) Appeal against conviction dismissed; (2) Grant leave to appeal against sentence; (3) Appeal against sentence allowed; (4) Quash the sentence imposed by the trial judge and in lieu thereof sentence the appellant as follows: The appellant is sentenced to imprisonment for a term of 2 years and 6 months commencing on 21 November 2014, with a non-parole period of 13 months. (5) Direct that the appellant is to be released to parole on 21 December 2015. Catchwords: CRIMINAL LAW – appeal – appellant stabbed stranger – history of mental illness and subsequent diagnosis of schizophrenia – appellant found guilty of reckless wounding, contrary to the Crimes Act 1900, s 35(4) – found not guilty of wounding with intent to cause grievous bodily harm, contrary to the Crimes Act, s 33(1)(a)

CRIMINAL LAW – directions to jury – whether trial judge erred in giving directions on defence of mental illness – whether direction in relation to whether appellant had capacity to know what he was doing was wrong required direction that such capacity did not turn on whether he knew his actions were illegal

CRIMINAL LAW – sentencing – whether trial judge failed to take sufficient account of appellant's mental illness – whether trial judge bound by jury verdict to consider impairment in capacity to know actions were wrong was not substantial