Director of Public Prosecutions (NSW) v Sheen and The Local Court of NSW [2017] NSWSC 591

Supreme Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions (NSW) v Sheen and The Local Court of NSW [2017] NSWSC 591 Hearing dates: 31 March 2017 Date of orders: 15 May 2017 Decision date: 15 May 2017 Jurisdiction: Common Law Before: Bellew J Decision: 1. The decision of Magistrate Stafford of 10 August 2016 in the proceedings brought against the first defendant in the Local Court is set aside.

2. The proceedings brought against the first defendant in the Local Court are remitted to the Magistrate to be further dealt with according to law. Catchwords: CRIMINAL LAW – Statutory construction – Mental health – Where first defendant charged with criminal offences – Order made for a mental health assessment to be conducted – First defendant initially assessed as mentally ill – Subsequently assessed as not being mentally ill – Where matter then brought back before the Local Court – Where Magistrate concluded that the Local Court had no jurisdiction to deal with the charges in view of the fact that the first defendant had been initially assessed as being a mentally ill person – Whether Magistrate erred in construction of the relevant statute – Error established – Proceedings remitted to the Local Court Legislation Cited: Crimes Act 1900 (NSW) Crimes (Domestic and Personal Violence) Act 2007 Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) Mental Health Act 2007 (NSW) Mental Health (Forensic Provisions) Act 1990 NSW Cases Cited: Alcan (NT) Alumina Pty Limited v Commissioner of Territory Revenue (2009) 239 CLR 27; [2009] HCA 41 Director of Public Prosecutions v Wallman [2017] NSWSC 40 Favetti Bricklaying Pty Limited v Benedek & Anor [2017] NSWSC 417 Federal Commissioner of Taxation v Consolidated Media Holdings Limited (2012) 250 CLR 503; [2012] HCA 55 K. & S. Lake City Freighters Pty Limited v Gordon & Gotch Limited (1985) 157 CLR 309; [1985] HCA 48 Project Blue Sky Inc & Ors v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Legal Services Board v Gillespie-Jones (2013) 249 CLR 493; [2013] HCA 35 Minister for Immigration and Citizenship v Szizo & Ors (2009) 238 CLR 627; [2009] HCA 37 Police v Pines [2013] NSWLC 3 State of NSW v Roberson (by his tutor Roberson) (2016) 338 ALR 166; [2016] NSWCA 151 Category: Principal judgment Parties: Director of Public Prosecutions NSW – Plaintiff Mark Frederick Sheen - First defendant Local Court of NSW – Second defendant Representation: Counsel: D Kell SC and M Pulsford – Plaintiff J Stratton SC and S Lawrence - First defendant