R v Hayles

This matter concerned an appeal against a finding by a judge that the respondent was unfit to stand trial. The appeal was brought by the applicant, who alleged that the judge had failed to apply the correct legal principles in reaching her decision and had considered matters not presented in evidence. The dispute arose from allegations that the respondent had stabbed his former fiancée, and the subsequent assessment of his mental fitness to face trial.

The court was required to determine whether the judge erred in her application of the legal test for unfitness to stand trial, specifically whether she had applied an incorrect principle by focusing on the respondent's inability to retrieve stored memories. Additionally, the court considered whether the judge had improperly relied on the opinions of the respondent's legal advisors, which had not been formally admitted as evidence. The court also had to decide whether to grant permission to appeal, considering the implications for the respondent's exposure to the criminal justice system.

The court found that the judge had applied an erroneous principle by equating unfitness to stand trial with an inability to retrieve stored memories. The correct test, as outlined in the relevant legislation, requires an assessment of whether the accused is unable to follow the course of proceedings, understand the evidence in a general sense, or give instructions to their legal representatives. While the respondent experienced difficulties with memory retrieval, the court was satisfied, on the balance of probabilities, that he was capable of following proceedings and understanding evidence sufficiently to provide instructions. The court also noted that even if the judge had considered the legal advisors' concerns, it was not apparent that she placed any significant reliance on them, and this ground of appeal was not pursued.

The court granted permission to appeal, allowing the appeal and setting aside the finding of mental unfitness. A substituted finding that the respondent was not mentally unfit to stand trial was made, and the matter was remitted to the trial judge.