Patterson v The Queen

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.