Director of Public Prosecutions (NSW) v Saunders [2017] NSWSC 760

Supreme Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions (NSW) v Saunders [2017] NSWSC 760 Hearing dates: 1 June 2017 Decision date: 16 June 2017 Jurisdiction: Common Law Before: R A Hulme J Decision: 1. Appeal allowed. 2. Set aside the order of the magistrate made on 30 August 2016 at Central Local Court dismissing the charge against the first defendant of assault contrary to s 61 of the Crimes Act 1900. 3. Remit the matter to the Local Court to be dealt with according to law. 4. The first defendant is to pay the plaintiff's costs of and incidental to these proceedings. 5. The first defendant to be granted a certificate pursuant to s 6(1) of the Suitors' Fund Act 1951. Catchwords: APPEAL - appeal from Local Court – where magistrate dismissed charges pursuant to s 32(3)(b) Mental Health (Forensic Provisions) Act – where order in terms that the person attend a psychiatrist/psychologist – "specified" in s 32(3)(b) requires that a magistrate name a particular place or a particular person – consideration of giving effect to the enforcement provisions and the object and purpose of Part 3 of the Act – appeal allowed Legislation Cited: Crimes Act 1900 (NSW) s 61 Crimes (Appeal and Review) Act 2001 (NSW) s 56(1)(c) Crimes Legislation Amendment Act 2002 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Interpretation Act 1987 (NSW) s 33 Mental Health (Criminal Procedure) Amendment Act 2005 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Part 3, ss 32, 32A Suitors' Fund Act 1951 s 6(1) Cases Cited: Confos v Director of Public Prosecutions (NSW) [2004] NSWSC 1159 Director of Public Prosecutions (NSW) v Albon [2000] NSWSC 896 Director of Public Prosecutions v El Mawas [2006] NSWCA 154; 66 NSWLR 93 Khalil v His Honour, Magistrate Johnson [2008] NSWSC 1092 Mantell v Molyneux [2006] NSWSC 955; 68 NSWLR 46 Perry v Forbes (Supreme Court of New South Wales (Smart J), 21 May 1993, unrep) Quinn v Director of Public Prosecutions (NSW) [2015] NSWCA 331 Texts Cited: Mary Spiers, "Summary disposal of criminal offences under s 32 Mental Health (Criminal Procedure) Act 1990: Division of cognitively impaired or mentally-ill defendants", (2004) 16(2) Judicial Officers' Bulletin 9 Tom Gotsis and Hugh Donnelly, "Diverting mentally disordered offenders in the NSW Local Court" Monograph 31, March 2008 New South Wales Law Reform Commission, "People with cognitive and mental health impairments in the criminal justice system – Diversion", Report 135, 2012, Ch 9, "Diversion in the Local Court – s 32" Category: Principal judgment Parties: Director of Public Prosecutions (NSW) (Plaintiff) Keith Saunders (First Defendant) Local Court of New South Wales (Second Defendant) Representation: Counsel: Mr D Kell SC with Mr M Pulsford (Plaintiff) Mr C Taylor (First Defendant)