R v Tran [2022] NSWSC 1377

R v Tran [2022] NSWSC 1377

In the absence of an explicit transitional provision, the old version of s 23A of the Crimes Act 1900 (NSW) is to be applied when the alleged offence pre-dates the amending Act, even if procedural events such as arraignment and the trial occur after the commencement of the amended legislation.

Parties
Crown: Rex; Accused: Thanh Tran
Jurisdiction
Australia
Judgment Date
16 September 2022
Procedural Posture
Criminal / Pre Trial Ruling
Outcome
Pre-trial ruling: old version of s 23A applies
Legal Topics
Murder, Partial Defences, Substantial Impairment, Retrospectivity, Transitional Provisions
Criminal Law Criminal Procedure Statutory Interpretation Murder Partial Defences Substantial Impairment Retrospectivity Transitional Provisions

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Parties

Rex

Crown

Thanh Tran

Accused

Procedural Posture

Criminal / Pre Trial Ruling

Legal Issues

  1. 1 Which version of s 23A of the Crimes Act 1900 (NSW) (substantial impairment partial defence) applies to the murder trial given the killing occurred prior to the amendment but procedural steps including arraignment and trial occur after the amendment

Ratio Decidendi

In the absence of an explicit transitional provision, the old version of s 23A of the Crimes Act 1900 (NSW) is to be applied when the alleged offence pre-dates the amending Act, even if procedural events such as arraignment and the trial occur after the commencement of the amended legislation.

Court Disposition

Pre-trial ruling: old version of s 23A applies

Orders

  • The iteration of s 23A of the Crimes Act 1900 (NSW) which is to be applied in the trial is the form that existed prior to the commencement of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW)