TA v R [2019] NSWCCA 145

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: TA v R [2019] NSWCCA 145 Hearing dates: 24 May 2019 Date of orders: 24 May 2019 Decision date: 24 May 2019 Before: Hoeben CJ at CL at [1] Walton J at [2] Wilson J at [20] Decision: The Court makes the following orders:

(1) Time is extended to bring the appeal out of time.

(2) Leave to appeal against conviction granted.

(3) Appeal against conviction allowed.

(4) The four convictions entered on 14 September 2016, concerning three counts of aggravated sexual intercourse without consent contrary to s 61J(1) of the Crimes Act and one count of aggravated indecent assault contrary to s 61M(1) of the Crimes Act, are quashed.

(5) On each count, a special verdict of not guilty on the grounds of mental illness is entered.

(6) Pursuant to s 39(1) of the Mental Health (Forensic Provisions) Act 1990 (NSW), the appellant is to be detained in such place as may be determined from time to time by the Mental Health Review Tribunal as an appropriate place, until released by the due process of law.

(7) The Registrar is to notify the Minister for Health, as soon as reasonably practicable, of the terms of this judgment and the orders made by this Court.

(8) The Registrar is to notify the Mental Health Review Tribunal and Justice Health, as soon as reasonably practicable, of the terms of this judgment and the orders made by this Court, and to provide those bodies with the following documentation:

(a) A copy of the judgment of this Court and its orders;