R v Chute (No 4)

Case [2018] ACTSC 259


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Chute (No 4)

Citation:

[2018] ACTSC 259

Hearing Dates:

13, 15-16 November 2017, 15 February 2018

DecisionDate:

11 September 2018

Before:

Mossop J

Decision:

The Application in Proceeding dated 12 October 2017 is dismissed.

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Stay of proceedings – applicant accused of sexual offences against children – found unfit to plead – election made for trial by judge alone – application for permanent stay based on poor health and delay – whether accused person who is unfit to plead required to attend special hearing – likely outcome of proceedings if special hearing does not lead to acquittal – delay – continuation of proceedings not involving unacceptable injustice or unfairness or an abuse of process – permanent stay refused

Legislation Cited:

Bail Act 1992 (ACT), s 30

Court Procedures Act 2004 (ACT), s 76
Crimes Act 1900 (ACT), ss 61, 79, 81, 92K(2), 300(1), 316, 316(1), 316(2), 316(6), 316(7), 317, 317(3), 317(4), 318, 318(2), 318(2)(b), 319, 319(2), 441, 441A
Crimes (Amendment) Ordinance (No 5) 1985 (ACT)
Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic)
Crimes Legislation Amendment Act 2001 (ACT), s 61
Crimes Legislation Amendment Act 2013 (No 2) (ACT)
Criminal Code 1899 (Qld), s 617
Criminal Code Act (NT), s 361(1)
Criminal Code Act (Tas), s 369(2)
Criminal Procedure Act 1986 (NSW), ss 56, 130
Criminal Procedure Act 2009 (Vic), s 330(3)
Criminal Procedure Act 2004 (WA), s 88(4)
Evidence (Miscellaneous Provisions) Act 1991 (ACT), 32
Human Rights Act 2004 (ACT), ss 21, 22
Law Reform (Sexual Behaviour) Ordinance 1976 (ACT), s 6

Mental Health (Forensic Provisions) Act 1990 (NSW), s 21(1)

Cases Cited:

Aboud v Attorney-General for New South Wales (1987) 10 NSWLR 671

Arrivoli v R [2017] NSWDC 112
Barton v The Queen (1980) 147 CLR 75
Boulos v R [2008] NSWCCA 119
Director of Public Prosecutions, South Australia v B [1998] HCA 45; 194 CLR 566
Dupas v The Queen [2010] HCA 20; 241 CLR 237
Hakim (1989) 41 A Crim R 372
Jago v District Court of New South Wales (1989) 168 CLR 23
Jenkins v Whittington [2017] NTSC 65
Lipohar v The Queen [1999] HCA 65; 200 CLR 485
Maxwell v The Queen (1996) 184 CLR 501
McDonald v The Queen [2016] VSCA 304; 263 A Crim R 356
R v Abrahams (1895) 21 VLR 343
R v Chute [2017] ACTSC 246
R v Chute (No 2) [2017] ACTSC 347
R v Chute (No 3) [2017] ACTSC 409
R v Edwards [2009] HCA 20; 83 ALJR 717
R v Glennon (1992) 173 CLR 592
R v Hallocoglu (1992) 29 NSWLR 67
R v Howson (1981) 74 Cr App R 172
R v Jones (1998) 72 SASR 281
R v Jones (No 2) [1972] 1 WLR 887
R v Richardson [2016] ACTSC 22; 307 FLR 8
R v WRC [2003] NSWCCA 394; 59 NSWLR 273
R…

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AGLC
R v Chute (No 4) [2018] ACTSC 259
Case
[2018] ACTSC 259
Decision Date

CaseChat Overview and Summary

The respondent, the Queen, filed an application against the appellant, Mr. Chute, in the County Court of Victoria. The appellant was facing charges of sexual offences against children and had been declared unfit to plead. The matter was proceeding via a trial by judge alone. The appellant applied for a permanent stay of the proceedings, citing his poor health and the delay in the proceedings. The primary issue before the court was whether the appellant, who was unfit to plead, was required to attend a special hearing under the relevant statute, and if not, whether the continuation of the proceedings would constitute an unacceptable injustice or unfairness, or an abuse of process. The court considered the likely outcome of the proceedings if a special hearing did not result in an acquittal, the delay in the proceedings, and the balance of injustice and fairness. The court found that the appellant was not required to attend a special hearing, and that the continuation of the proceedings did not involve unacceptable injustice or unfairness or an abuse of process. Therefore, the application for a permanent stay was dismissed.

The reasoning of the court was that, given the appellant's unfitness to plead, the purpose of a special hearing would be frustrated, as the appellant could not participate in the proceedings. The court held that the statutory provisions did not mandate a special hearing in such circumstances. Furthermore, the court considered that the delay in the proceedings was not significant enough to warrant a stay, as the appellant had been aware of the charges for a considerable period and had not demonstrated any prejudice arising from the delay. The court also noted that the appellant's health issues did not prevent him from participating in the proceedings, and that the likely outcome of the proceedings, if a special hearing did not lead to an acquittal, would not be an unacceptable injustice or unfairness. Consequently, the application for a permanent stay was dismissed, and the proceedings were to continue as scheduled.

Orders

Orders of the court

The Application in Proceeding dated 12 October 2017 is dismissed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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