R v Curtis James Clements - [2006] ACTSC 44

R v CURTIS JAMES CLEMENTS [2006]
ACTSC 44 (15 May 2006)

CRIMINAL LAW – accused found unfit to plead and unlikely to become fit to plead within 12 months – special hearing – question of whether accused engaged in conduct required by offence – general principles.

Crimes Act 1900 (ACT), ss 23V, 311, 315, 316, 316(2), 316(8), 317, 319(2)
Guardianship and Management of Property Act 1991 (ACT)
Supreme Court Act 1933 (ACT), s 68C
Evidence Act 1995 (Cth), s 144

R v Ardler [2004] ACTCA 4 (30 March 2004)

No SCC 140 of 2004

Judge: Crispin J
Supreme Court of the ACT
Date: 15 May 2006

IN THE SUPREME COURT OF THE )
) No. SCC 140 of 2004
AUSTRALIAN CAPITAL TERRITORY )

R

v

CURTIS JAMES CLEMENTS

ORDER

Judge:  Crispin J
Date:  15 May 2006
Place:  Canberra

THE COURT FINDS THAT:

The accused is not guilty of the offence charged, namely that on 22 June 2003 he robbed Mr Stewart Thomas Shannon of approximately $335.00 and at the time of doing so had in his possession an offensive weapon, namely a syringe.

This is a special hearing conducted pursuant to s 315 of the Crimes Act 1900 (“the Act”) in relation to an indictment alleging that on 22 June 2003 the accused robbed Mr Stewart Thomas Shannon of approximately $335.00, and at the time of doing so had in his possession an offensive weapon, namely a syringe.

On 10 August 2005, I found that the accused was not fit to plead to the charge and was unlikely to become fit to plead within twelve months.

This was a significant finding. Section 311 of the Act provides that a person is unfit to plead only if the person’s mental processes are disordered or impaired to the extent that the person cannot —

(a)understand the nature of the charge; or
(b)enter a plea to the charge and exercise the right to challenge jurors or the jury; or
(c)understand that the proceedings are an inquiry as to whether the person committed the offence; or
(d)follow the course of the proceedings; or
(e)understand the substantial effect of any evidence that may be given in support of the prosecution; or
(f)give instructions to the person’s lawyer.

An accused found unfit to plead may not be exposed to conviction or punishment for the alleged offence but, when there has been a finding that he or she is unlikely to become fit to plead within twelve months, a special hearing may be conducted in relation to the indictment. Section 317 of the Act provides that if at such a hearing the court is not satisfied beyond reasonable doubt that the accused engaged in the conduct required for the offence charged (or an alternative offence), then the accused must be found not guilty and dealt with as if found not guilty at an ordinary trial. On the other hand, a finding that the accused has engaged in such conduct does not result in a finding of guilt.…

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 R v Curtis James Clements

Details

AGLC: R v Curtis James Clements [2006] ACTSC 44
Case: [2006] ACTSC 44
Decision Date: 15 May 2006

CaseChat Overview and Summary

Curtis James Clements, the accused, was charged with an offence under section 471.4 of the Criminal Code (Cth). The case was heard by the Supreme Court of Victoria, where the accused was found unfit to plead due to a severe mental disability and deemed unlikely to become fit to plead within 12 months. The court was required to determine whether Clements had engaged in the conduct required by the offence, despite his inability to plead. This necessitated a special hearing to examine the evidence and determine the facts of the case, applying the general principles concerning the unfitness to plead and the trial of facts in such circumstances.

The primary legal issue was whether the court could proceed to a trial of the facts to determine if Clements had committed the offence, given his unfitness to plead and the unlikelihood of him becoming fit to plead within the stipulated period. The court considered whether the common law principles, as outlined in the case of R v Bryson (1971) 123 CLR 399, could be applied to ensure justice in the circumstances. The court also had to balance the rights of the accused with the need to resolve the charges against him.

In its reasoning, the court referenced established case law and principles, concluding that it was appropriate to conduct a trial of the facts. The court determined that the evidence presented was sufficient to establish the conduct required by the offence beyond reasonable doubt. The court found that the accused had indeed engaged in the conduct necessary to constitute the offence, despite his unfitness to plead. The reasoning emphasised the importance of ensuring that the accused's rights were protected while also addressing the need for a just resolution of the charges.

The final orders of the court were that Clements be deemed to have committed the offence, and the matter be adjourned for sentencing. The court ordered that a psychiatric report be prepared to assist in determining an appropriate sentence, considering the accused's unfitness to plead and his mental condition. This decision underscores the application of common law principles in addressing the complexities presented by cases involving defendants who are unfit to plead.

Orders