R v Skapik

[2025] NSWCCA 19

NSW Court of Criminal Appeal

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Catchwords

1. Criminal Law
2. › Federal offences
3. › Sentencing
4. › Mental illness
5. › Meaning of 'mental illness within the meaning of the civil law of the State or Territory'
6. › Whether limited to definition in civil commitment legislation
7. › Whether referring to civil as opposed to criminal law generally
8. › Crimes Act 1914 (Cth), s 20BQ(1)(a)
9. › Mental Health Act 2007 (NSW), s 4
1. Statutes
2. › Interpretation
3. › Meaning of 'civil law'
4. › Distinction between civil and criminal law
5. › Use of common law concepts in legislation
6. › Whether Parliament intended to reference civil commitment law or civil law generally

Quick Take

The expression 'mental illness within the meaning of the civil law of the State or Territory' in s 20BQ(1)(a) of the Crimes Act 1914 (Cth) is not limited to the definition of mental illness in civil commitment legislation (such as s 4 of the Mental Health Act 2007 (NSW)), but refers to mental illness as understood in State or Territory civil law generally, as distinguished from criminal law concepts of mental illness.

Case Details

Citation[2025] NSWCCA 19

CourtNSWCCA

JurisdictionNew South Wales

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Relies on26

2024Skapik v RNSWDC 427
2024The King v Rohan (a pseudonym)HCA 3
2020Q (a pseudonym) v E Co (a pseudonym)NSWCA 220
2020Orr v Cobar Management Pty LimitedNSWCCA 220
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