NSW Police Force v Sullivan [2015] NSWLC 28

NSW Police Force v Sullivan [2015] NSWLC 28

The application was refused because Mr Sullivan had been present at a hearing on the merits, had cross-examined witnesses, had later pursued and withdrawn a District Court appeal when he was aware of his diagnosis, and gave no sufficient explanation for the delay or withdrawal. The section 32 discretion had not been enlivened before the original magistrate because there was then no evidence of a mental condition, the sentence imposed according to law had expired, and the circumstances were not exceptional or such that annulment was in the interests of justice.

Jurisdiction
Australia
Judgment Date
07 December 2015
Procedural Posture
Criminal Application for Annulment of Conviction / Application Referred by the Attorney General Under Section 5 of the Crimes (appeal and Review) Act 2001 and Determined in the Local Court
Outcome
Application refused
Legal Topics
['annulment of Conviction' 'referral by Minister' 'interests of Justice' 'section 32 Mental Health Disposition' 'fresh or New Evidence' 'finality of Litigation']
['criminal Law' 'criminal Procedure' 'mental Health Diversion'] ['annulment of Conviction' 'referral by Minister' 'interests of Justice' 'section 32 Mental Health Disposition' 'fresh or New Evidence' 'finality of Litigation']

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Procedural Posture

Criminal Application for Annulment of Conviction / Application Referred by the Attorney General Under Section 5 of the Crimes (appeal and Review) Act 2001 and Determined in the Local Court

Legal Issues

  1. 1 ['Whether the conviction should be annulled under Part 2 of the Crimes (Appeal and Review) Act 2001 after referral by the Minister under section 5.' 'Whether, having regard to the circumstances of the case, it was in the interests of justice to annul the conviction under section 8 of the Crimes (Appeal and Review) Act 2001.' 'Whether a subsequent diagnosis of major depression, anxiety and alcohol abuse disorder justified annulment to allow consideration of a disposition under section 32 of the Mental Health (Forensic Provisions) Act 1990.']

Ratio Decidendi

The application was refused because Mr Sullivan had been present at a hearing on the merits, had cross-examined witnesses, had later pursued and withdrawn a District Court appeal when he was aware of his diagnosis, and gave no sufficient explanation for the delay or withdrawal. The section 32 discretion had not been enlivened before the original magistrate because there was then no evidence of a mental condition, the sentence imposed according to law had expired, and the circumstances were not exceptional or such that annulment was in the interests of justice.

Court Disposition

Application refused

Orders

  • ['Application refused']