Peterson v Regina [2007] NSWCCA 227

Peterson v Regina [2007] NSWCCA 227

The Court has no jurisdiction to entertain an appeal against an acquittal by reason of mental illness when the defence was raised by the accused and advanced at trial; accordingly, the application for extension of time is refused.

Jurisdiction
Australia
Judgment Date
02 August 2007
Procedural Posture
Criminal Appeal / Application for Extension of Time to Appeal
Outcome
Application for extension of time to bring appeal dismissed
Legal Topics
['appeal and New Trial' 'mental Illness Defence' 'jurisdiction' 'appeal Against Acquittal' 'right to Appeal Against Conviction']
['criminal Law'] ['appeal and New Trial' 'mental Illness Defence' 'jurisdiction' 'appeal Against Acquittal' 'right to Appeal Against Conviction']

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Procedural Posture

Criminal Appeal / Application for Extension of Time to Appeal

Legal Issues

  1. 1 ['Whether the Court has jurisdiction to entertain an appeal where the applicant was acquitted by reason of mental illness' 'Whether an extension of time to bring the appeal should be granted']

Ratio Decidendi

The Court has no jurisdiction to entertain an appeal against an acquittal by reason of mental illness when the defence was raised by the accused and advanced at trial; accordingly, the application for extension of time is refused.

Court Disposition

Application for extension of time to bring appeal dismissed

Orders

  • ['Application for extension of time to bring appeal refused']