The Court held that a Local Court magistrate erred in law by effectively requiring 'exceptional circumstances' for an annulment application under s 8(2)(c) of the Crimes (Appeal and Review) Act 2001 (NSW) where the defendant had been present at the original hearing; the only applicable test is whether it is 'in the interests of justice' to annul. The Court also held that s 32 of the Mental Health (Forensic Provisions) Act 1990 (NSW) serves not only a diversionary purpose but also ensures criminal liability is not attributed to a person who was mentally ill at the time of the offence, meaning the expiry of a bond does not render an annulment application 'redundant'. The Attorney General's opinion forming the basis of a referral under s 5 of the CAR Act is irrelevant to the Local Court's determination of the annulment application under s 8.
The full text is available to signed-in members.