Application of Philip Spiers pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) [2016] NSWSC 1796

Supreme Court New South Wales

Medium Neutral Citation: Application of Philip Spiers pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) [2016] NSWSC 1796 Hearing dates: On written submissions Decision date: 13 December 2016 Jurisdiction: Common Law Before: Button J Decision: (1) The application of Philip Spiers of 17 June 2016 pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) is refused. Catchwords: CRIMINAL LAW – application for referral of convictions to Court of Criminal Appeal – Pt 7 of the Crimes (Appeal and Review) Act 2001 (NSW) – commission of serious offences by person of good character after hospitalisation and administration of medication – whether acts of applicant were voluntary – whether applicant was acting in state of automatism – application dismissed Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), ss 78, 79(3) Mental Health (Forensic Provisions) Act 1990 (NSW), ss 38, 39 Cases Cited: Application of Peter James Holland under s.78 Crimes (Appeal and Review) Act 2001 [2008] NSWSC 251 Bratty v Attorney-General for Northern Ireland [1963] AC 386 Jiminez v The Queen (1992) 173 CLR 572; [1992] HCA 14 Penza and Di Maria v R [2013] NSWCCA 21 R v Quick [1973] QB 910 R v Spiers [2008] NSWCCA 107 Ryan v The Queen (1967) 121 CLR 205; [1967] HCA 2 The Queen v Falconer (1990) 171 CLR 30; [1990] HCA 49 Youssef v R (1990) 50 A Crim R 1 Category: Principal judgment Parties: Philip Spiers (Applicant) Attorney-General of New South Wales (Respondent) Representation: Counsel: T Healey (Applicant) G Wright (Respondent)