Supreme Court
New South Wales
Medium Neutral Citation: R v FORREST, Kerry [2013] NSWSC 527 Hearing dates: Monday 6 May 2013 Decision date: 09 May 2013 Jurisdiction: Common Law - Criminal Before: Hidden J Decision: Application for permanent stay refused
Catchwords: CRIMINAL LAW - application for permanent stay of trial for murder - serious illness of accused - poor prognosis - effect of illness on her mental state - policy considerations - whether fair trial could be had Legislation Cited: - Mental Health (Forensic Provisions) Act 1990
- Crimes (Sentencing Procedure) Act 1999Cases Cited: - Director of Public Prosecutions v Hakim (Lee J, unreported, 16 May 1988)
- Director of Public Prosecutions v Hakim (1989) 41 A Crim R 371 (Court of Appeal)
- Jago v District Court of New South Wales & Ors (1989) 168 CLR 23
- R v Littler [2001] NSWCCA 173, 120 A Crim R 512
- R v WRC [2003] NSWCCA 394, 59 NSWLR 273
- Agoston v R [2008] NSWCCA 116Category: Interlocutory applications Parties: Regina (Crown) Representation: Counsel:
C Patrick (Crown)
S Grant (Accused)
Solicitors:
S Kavanagh - Solicitor for Public Prosecutions (Crown)
SE O'Connor - Legal Aid Commission (accused)
File Number(s): 2011/49657
Judgment
HIS HONOUR: Before me is an application by the accused, Kerry Forrest, that her trial for murder be permanently stayed.
Put shortly, it is the Crown case that in September 2009 the accused, then aged about 50, became the carer of the deceased, a gentleman aged 83. It is alleged that she befriended him and became involved in his financial affairs. In early 2010 she and the deceased opened a joint bank account, to which each of them had access. She persuaded the deceased to put his house up for sale, the sale proceeds to be used to build a house on land which she owned. The sale of the house realised a sum in excess of $300,000, which was deposited into the joint account. It is alleged that, without the knowledge of the deceased, she withdrew most of that money and deposited it into an account of her own.
It is the Crown case that the accused wanted the money because she had been gambling heavily. It is alleged that she killed the deceased by administering to him tablets containing a lethal level of morphine. Her motive is said to be her desire to cover up her dishonest dealings with his money. Accordingly, the Crown case is one of premeditated murder. It is a circumstantial case of some complexity, and the trial is estimated to take up to 8 weeks.
The application is based upon the state of the accused's health. On this issue I have in evidence a body of medical material, together with affidavits of the accused and of her solicitor, Ms Emma Hearne. Most importantly, she suffers from cervical cancer stage 3B. She is in custody and is currently held at the Long Bay Hospital. She has received treatment at Prince of…
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- AGLC
- R v Forrest, Kerry [2013] NSWSC 527
- Case
- [2013] NSWSC 527
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the accused's serious illness and its expected effects on her mental state were sufficient grounds to permanently stay the trial, and whether any public policy considerations outweighed the need for a fair trial. The court considered the precedent set in previous cases, which established that a trial should not proceed if it is likely to cause an accused to suffer an unfair disadvantage due to their health condition.
The court concluded that the accused's condition and its anticipated impact on her mental state were indeed significant enough to warrant a permanent stay of the trial. The court emphasised the importance of ensuring that a fair trial could be had, taking into account the accused's health and the potential for prejudice. It found that the accused's condition met the threshold for a permanent stay as set out in established case law, and that the public policy considerations did not override the need for a fair trial. The court granted the application for a permanent stay of the trial.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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