Police v Pines [2013] NSWLC 3

Police v Pines [2013] NSWLC 3

The charges must be taken to have been dismissed by operation of s 33(2) of the Mental Health (Forensic Provisions) Act 1990 because the accused was not physically brought before a magistrate within 6 months of the order made under s 33(1)(a), and the Local Court therefore has no jurisdiction over the matter.

Parties
Prosecutor: Police; Accused: Javan Robert Pines
Jurisdiction
Australia
Judgment Date
08 March 2013
Procedural Posture
Criminal / Motion to Mark Papers 'no Jurisdiction'; Consideration of Whether Charges Deemed Dismissed by Statute
Outcome
No jurisdiction – charges taken to be dismissed by operation of statute
Legal Topics
Mental Health Diversion, Operation of S 33 Mental Health (forensic Provisions) Act 1990, Jurisdiction, Deemed Dismissal of Charges
Criminal Law Mental Health Law Mental Health Diversion Operation of S 33 Mental Health (forensic Provisions) Act 1990 Jurisdiction Deemed Dismissal of Charges

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Parties

Police

Prosecutor

Javan Robert Pines

Accused

Procedural Posture

Criminal / Motion to Mark Papers 'no Jurisdiction'; Consideration of Whether Charges Deemed Dismissed by Statute

Legal Issues

  1. 1 Whether charges are taken to be dismissed by operation of s 33(2) of the Mental Health (Forensic Provisions) Act 1990 where accused not brought before a magistrate within 6 months of an order under s 33(1)(a)

Ratio Decidendi

The charges must be taken to have been dismissed by operation of s 33(2) of the Mental Health (Forensic Provisions) Act 1990 because the accused was not physically brought before a magistrate within 6 months of the order made under s 33(1)(a), and the Local Court therefore has no jurisdiction over the matter.

Court Disposition

No jurisdiction – charges taken to be dismissed by operation of statute

Orders

  • Court records reflect no jurisdiction; charges taken to be dismissed by operation of s 33(2) Mental Health (Forensic Provisions) Act 1990