R v Papanicolaou (No 4) [2021] NSWSC 1698

R v Papanicolaou (No 4) [2021] NSWSC 1698

In the absence of express transitional provisions or clear legislative intent for retrospective application, the form of s 23A of the Crimes Act 1900 (NSW) to be applied is that in force prior to the March 2021 amendments. This ensures consistency, avoids potential unfairness or confusion during ongoing proceedings, and is consistent with the statutory presumption against retrospective application of substantive changes to the law.

Jurisdiction
Australia
Judgment Date
23 December 2021
Procedural Posture
Criminal / Pre Trial Advance Ruling
Outcome
S 23A of the Crimes Act 1900 (NSW) in its pre-March 2021 form applies to these proceedings.
Legal Topics
['murder' 'manslaughter' 'partial Defences' 'substantial Impairment' 'statutory Interpretation' 'amendment of Acts' 'retrospectivity']
['criminal Law'] ['murder' 'manslaughter' 'partial Defences' 'substantial Impairment' 'statutory Interpretation' 'amendment of Acts' 'retrospectivity']

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Procedural Posture

Criminal / Pre Trial Advance Ruling

Legal Issues

  1. 1 ['Whether s 23A of the Crimes Act 1900 (NSW) applies in its pre-amendment or post-amendment form to these proceedings commenced before the 2021 legislative amendments.']

Ratio Decidendi

In the absence of express transitional provisions or clear legislative intent for retrospective application, the form of s 23A of the Crimes Act 1900 (NSW) to be applied is that in force prior to the March 2021 amendments. This ensures consistency, avoids potential unfairness or confusion during ongoing proceedings, and is consistent with the statutory presumption against retrospective application of substantive changes to the law.

Court Disposition

S 23A of the Crimes Act 1900 (NSW) in its pre-March 2021 form applies to these proceedings.

Orders

  • ['The form of s 23A of the Crimes Act 1900 (NSW) to be applied in the present case is the section as it stood before amendment by the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW); relevant psychiatric evidence will address issues under that version.']