Shima v R [2015] NSWDC 410

Shima v R [2015] NSWDC 410

The application for adjournment was refused because the penalties imposed by the Local Court were spent, no conviction was recorded, and there was no legal or practical utility in continuing proceedings or granting an adjournment. The appeal was dismissed for want of prosecution.

Parties
Applicant/appellant: Shuji Cameo Shima; Respondent: Crown
Jurisdiction
Australia
Judgment Date
16 December 2015
Procedural Posture
Criminal Appeal / Application for Adjournment and Appeal Against Finding of Offence Proved Without Conviction
Outcome
Application for adjournment refused; appeal dismissed for want of prosecution
Legal Topics
Conviction Appeal, Adjournment, Fresh Evidence, Mental Health Applications, Spent Sentences
Criminal Law Conviction Appeal Adjournment Fresh Evidence Mental Health Applications Spent Sentences

Case Brief

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Parties

Shuji Cameo Shima

Applicant/appellant

Crown

Respondent

Procedural Posture

Criminal Appeal / Application for Adjournment and Appeal Against Finding of Offence Proved Without Conviction

Legal Issues

  1. 1 Whether an adjournment should be granted to allow the appellant to adduce fresh evidence
  2. 2 Whether it is appropriate to entertain an application under s 32 of the Mental Health (Forensic Provisions) Act 1990 after penalties have been spent
  3. 3 Whether there is utility in continuing proceedings where penalties are spent and no conviction recorded

Ratio Decidendi

The application for adjournment was refused because the penalties imposed by the Local Court were spent, no conviction was recorded, and there was no legal or practical utility in continuing proceedings or granting an adjournment. The appeal was dismissed for want of prosecution.

Court Disposition

Application for adjournment refused; appeal dismissed for want of prosecution

Orders

  • Application for adjournment refused
  • Appeal dismissed for want of prosecution