R v John Gordon Bradfield

[2015] NSWDC 57

District Court

New South Wales

Medium Neutral Citation:	R v John Gordon BRADFIELD [2015] NSWDC 57
Hearing dates:	8 April 2015
Date of orders:	01 May 2015
Decision date:	01 May 2015
Jurisdiction:	Criminal
Before:	Lerve DCJ
Decision:	The application for permanent stay of proceedings is refused; The application for temporary stay of proceedings is refused; and No order as to costs.
Catchwords:	CRIMINAL LAW – make false statement with intent to obtain money - application for permanent or temporary stay of proceedings – relevant principles – delay – UN Charter on Human Rights – health of applicant – legal representation - publicity
Legislation Cited:	Crimes Act, 1900 (NSW) Mental Health (Forensic Provisions) Act, 1990 (NSW)
Cases Cited:	R v Basha (1989) 39 A Crim R 337 Calleija v The Queen [2012] NSWCCA 37 Jago v District Court of NSW (1989) 168 CLR 23 R v Stanley [2013] NSWCCA 124 TS v R [2014] NSWCCA 174 Re Tracey [2011] NSWSC 43 Walton v Gardiner (1993) 67 ALJR 485
Category:	Procedural and other rulings
Parties:	Director of Public Prosecutions John Gordon Bradfield - Accused
Representation:	Counsel: Mr G Corr – Crown Mr P Nagle - Accused Solicitors: Director of Public Prosecutions Leigh Johnson Lawyers - Accused
File Number(s):	2012/393998

Judgment

Reasons for Decision Refusing an Application for Permanent Stay of Proceedings

Introduction   

1. By way of Amended Notice of Motion, the accused John Gordon Bradfield makes application for a temporary or permanent stay of proceedings on an indictment dated 20 June 2014 containing a total of forty five counts, namely twenty two counts of Making False Statement With Intent To Obtain Money contrary to s 178BB of the Crimes Act, 1900 (NSW), twenty two counts of Make False Instrument contrary to s 300(1) of the Crimes Act and one count of Use False Instrument contrary to s 300(2) of the Crimes Act as those various provisions existed at the time of the alleged conduct. It is alleged that the offending occurred between 1 January 2005 and 1 December 2008.

2. Although the indictment had been filed with the court, it appears that the accused was not actually arraigned on that indictment until the application for the permanent stay came before me when I was sitting in Sydney for the day (I usually preside at Dubbo) on 8 April 2015. The accused pleaded that he was not guilty to each of the counts on the indictment.

3. On 8 April 2015 Mr P Nagle of Counsel appeared for and with the applicant, Mr Bradfield. Mr G Corr, Crown Prosecutor appeared for the Crown opposing the application. I received the amended notice of motion, supporting affidavit and a considerable body of medical material, a great deal of which is duplicated, in the bound bundle, Exhibit 1. Mr Nagle made available a document entitled, “Outline of Submission”, which was marked MFI 1. Mr Nagle also made brief oral submissions. The Crown Prosecutor provided some brief written submissions (marked MFI 2) supplemented by brief oral submissions. Given the…