TAS v DIRECTOR OF PUBLIC PROSECUTIONS [1997] NSWCA 305

TAS v DIRECTOR OF PUBLIC PROSECUTIONS [1997] NSWCA 305

The failure to give the claimant an opportunity to be heard before making an order under s 27 of the Mental Health Criminal Procedure Act 1990 was sufficient to quash the order and remit the matter for reconsideration.

Parties
Claimant: TAS; Opponent: District Court of New South Wales; Amicus: Attorney General
Jurisdiction
Australia
Judgment Date
07 February 1997
Procedural Posture
Appeal / Judgment
Outcome
order quashed; remitted for reconsideration
Legal Topics
Fitness to Plead, Right to Be Heard, Custody Orders Under Mental Health Criminal Procedure Act
Criminal Law Mental Health Law Fitness to Plead Right to Be Heard Custody Orders Under Mental Health Criminal Procedure Act

Case Brief

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Parties

TAS

Claimant

District Court of New South Wales

Opponent

Attorney General

Amicus

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether s 27 of the Mental Health Criminal Procedure Act 1990 requires that a person have an opportunity to be heard before an order for detention is made

Ratio Decidendi

The failure to give the claimant an opportunity to be heard before making an order under s 27 of the Mental Health Criminal Procedure Act 1990 was sufficient to quash the order and remit the matter for reconsideration.

Court Disposition

order quashed; remitted for reconsideration

Orders

  • Order of the District Court dated 30 July 1996 under s 27 of the Mental Health Criminal Procedure Act 1990 is quashed.
  • The matter is remitted to the District Court for reconsideration according to law.