Commonwealth Director of Public Prosecutions v Mahamat-Abdelgader [2017] NSWSC 1102

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth Director of Public Prosecutions v Mahamat-Abdelgader [2017] NSWSC 1102 Hearing dates: 20 June 2017 Decision date: 22 June 2017 Jurisdiction: Common Law Before: McCallum J Decision: Summons dismissed Catchwords: APPEALS – defendant charged with escaping from immigration detention contrary to s 197A of the Migration Act 1958 (Cth) – where Magistrate dealt with defendant under s 20BQ of the Crimes Act 1914 (Cth) – whether Magistrate applied the wrong test – whether open to conclude the defendant was suffering from a mental illness – consideration of the court's power under s 20BR to inform itself as the court thinks fit – entitlement to have regard to the probability that the chronic condition from which the defendant undoubtedly suffered in early 2014 was one that continued as at the date of the hearing in the Magistrate's Court Legislation Cited: Crimes (Appeal and Review) Act 2001, ss 56, 59 Crimes Act 1914 (Cth), ss 20BQ, 20BR Mental Health (Forensic Provisions) Act 1990 (NSW), s 32 Migration Act 1958 (Cth), s 189(1), s 197A Cases Cited: Adelaide Stevedoring Co Ltd v Forst (1940) 64 CLR 538 Director of Public Prosecutions (NSW) v Tilley [2016] NSWSC 984 Kelly v Saadat-Talab [2008] NSWCA 213 Peiris v R [2014] NSWCCA 58 The Roads and Traffic Authority of New South Wales v Bourke [2010] NSWSC 559 Category: Principal judgment Parties: Commonwealth Director of Public Prosecutions (plaintiff) Abdelaziz Ali Mahamat-Abdelgader (defendant) Representation: Counsel: L Crowley (plaintiff) I McLachlan (defendant)