[Back to Main List] [Back to NTSC 2005 List]

Patterson v Queen [2005] NTSC 83

PARTIES: PATTERSON, John Maxwell
v

QUEEN

TITLE OF COURT: SUPREME COURT OF THE NORTHERN TERRITORY

JURISDICTION: APPLICATION FOR A PERMANENT STAY OF CRIMINAL PROCEEDINGS

FILE NO: 20508217

DELIVERED: 22 December 2005

HEARING DATES: 16 December 2005

DECISION OF: OLSSON AJ

CATCHWORDS:

Criminal jurisdiction – Application for permanent stay of trial on “common humanity” grounds – Accused charged with five sexual offences in relation young female child in 1995 – Suffers from multiple serious medical conditions – Accused in palliative care with life expectancy in terms of months rather than years – Evidence of likely deleterious effect of trial on existing medical conditions – Discussion of principles related to stay applications – Common humanity test satisfied – Stay granted

REPRESENTATION:

Counsel:
Appellant: R Goldflam
Respondent: N Rogers

Solicitors: Northern Territory Legal Aid Commission
Appellant: Respondent: Office of the Director of Public Prosecutions

Judgment category classification: B
Judgement ID Olss 05004
Number of pages: 18

INTRODUCTION

1 This is an application by John Maxwell Patterson for an order granting a permanent stay of criminal proceedings brought against him.

2 Following relevant committal proceedings, he is to be presented for trial before a jury at the criminal sittings to be held in Alice Springs in February 2006. Six half days have been assigned in the list for that purpose, on 8, 9,10,13,14 and 15 February 2006. I infer that this unusual course was taken having regard to his known medical condition.

3 An indictment dated 17 November 2005 filed by the Director of Public Prosecutions charges the accused with five separate accounts of having sexual intercourse with a young female child at Tennant Creek (to whom I shall refer as “the alleged victim”) without her consent between 1 January 1995 and 31 December 1995.

4 The alleged victim is a young female now about 15 years of age. It is said that the conduct asserted against the accused occurred when she was only about five years of age, but has only recently been the subject of complaint by her. I am informed that the accused and the alleged victim and her family were neighbours at Tennant Creek.

5 The application was heard by me sitting at Alice Springs. The accused is normally resident in Tennant Creek. Due to the state of his health, he participated in the hearing by Video link from Tennant Creek Courthouse.

THE EVIDENTIARY BASIS OF THE APPLICATION

6 The accused is a man now about 65 years of age. His presence by Video link was accompanied by almost constant loud wheezing sounds and/or coughs that I take to be associated with his breathing difficulties. These were, on the medical evidence before me, part and parcel of his normal physical presentation. He was seated in a wheelchair and accompanied by one or more attendants for the whole of the time. He appeared to be of quite obese build.

7 Mr Goldflam, of counsel for the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Patterson v The Queen

Details

AGLC: Patterson v The Queen [2005] NTSC 083
Case: [2005] NTSC 83
Decision Date: 22 December 2005

CaseChat Overview and Summary

The Supreme Court of the Northern Territory heard an application by John Maxwell Patterson for a permanent stay of criminal proceedings against him. Patterson is charged with five sexual offences involving a young female child that allegedly occurred between 1 January 1995 and 31 December 1995. The alleged victim is now about 15 years old. Patterson applied for a permanent stay of the criminal proceedings on the basis of his multiple serious medical conditions and life expectancy measured in months rather than years. The application was heard by Olsson AJ at Alice Springs. The legal issue before the court was whether it would be oppressive and unfair to require Patterson to stand trial, given his terminal medical condition and the likely deleterious effect of a trial on his existing conditions. The court considered relevant principles regarding the inherent power of the court to stay criminal proceedings where it would be unacceptably oppressive and unfair to an accused. The court concluded that the evidence demonstrated that requiring Patterson to stand trial would offend common humanity, even if it was strictly speaking feasible to conduct a trial. The court accepted the evidence of Patterson's palliative care consultant that a trial would exacerbate Patterson's medical conditions and likely result in serious consequences, including a fatal respiratory infection. Accordingly, the court granted Patterson's application for a permanent stay of the criminal proceedings against him.

The orders of the court were that the proceedings on the indictment dated 17 November 2005 against Patterson by the Director of Public Prosecutions be permanently stayed. The court found that requiring Patterson, who suffers from multiple serious and terminal medical conditions with a life expectancy measured in months rather than years, to stand trial would offend common humanity and be unacceptably oppressive and unfair. The evidence demonstrated that a trial would likely exacerbate Patterson's conditions and have serious consequences, including a potentially fatal respiratory infection. The court therefore permanently stayed the criminal proceedings against Patterson.

Orders