The Queen v Hoffmann (No 3)

[2022] NTSC 24

Supreme Court of the Northern Territory

Built by Barristers,
For Australian Law.

1. Statutory Interpretation
2. › Meaning of the word “trial” within Division 3 of Part IIA of Criminal Code Act 1983 (NT)
3. › Whether “trial” includes proceedings on plea of guilty
4. › Whether contrary intention demonstrated
5. › “Trial” not intended to include proceedings on plea of guilty
1. Criminal Procedure
2. › Scope of power to order investigation into fitness under Part IIA of Criminal Code Act 1983 (NT)
3. › Where accused becomes mentally ill in period between plea of guilty and passing of sentence
4. › No jurisdiction to order investigation under Criminal Code
5. › Common law jurisdiction to order investigation into accused’s capacity to give instructions in sentencing phase of proceedings not determined by previous authority
6. › No obligation to order investigation
1. Criminal Appeal Act 1907, 7 Edw 7, c 23
1. Criminal Code Act 1983 (NT) ss 4, 43J, 43K, 43N, 43P, 43Q, 43R, 43XA, 43V, 43W, 43X, 43ZA, 157

Citation[2022] NTSC 24

CourtNTSC

JurisdictionNorthern Territory

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