R v RC - [2024] NSWDC 239

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v RC [2024] NSWDC 239
Hearing dates: 14, 15, 16, 21, 22 and 23 May 2024
Date of orders: 27 May 2024
Decision date: 27 May 2024
Jurisdiction: Criminal
Before: McGuire SC DCJ
Decision:
The application is dismissed

Catchwords:
CRIMINAL PROCEDURE — stay of proceedings — permanent – application for permanent stay of a special hearing following finding applicant not fit to stand trial – matter to proceed by way of judge alone special hearing – principles applicable where application based on common humanity ground – degree of impaired cognitive functioning – reduced life expectancy – suicidal ideation – evidence of physical independence – evidence of cognitive thought processes – general principles applicable to permanent stay applications

Legislation Cited:
Court Suppression and Non-publication Orders Act 2010 (NSW)
Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW)

Cases Cited:
Arrivoli v R [2017] NSWDC 112
Barton v R (1980) 147 CLR 75
Batistatos v Roads and Traffic Authority of NSW (2006) 226 CLR 256
Jago v District Court of New South Wales (1989) 168 CLR 23
Kitchingman v R [2023] NSWCCA 4
Koschier v R [2024] NSWCCA 24
R v Crawford (Unreported) Flannery DCJ 1 November 2018
R v Edwards [2009] HCA 20; (2009) 83 ALRJ 717
R v Hakim (1989) 41 A Crim R 372
R v Koschier [2023] NSWDC 323
R v Murray [2011] NSWDC 258
R v O’Neill (No 2) [2023] NSWDC 572
R v RD [2016] NSWCCA 84
Subramaniam v R [2004] HCA 51
TS v R [2014] NSWCCA 174
Walton v Gardiner (1993) 177 CLR 378; [1993] HCA 77

Category: Principal judgment
Parties: RC (Applicant)
Rex (Respondent/Crown)
Representation:
Counsel:
R Pettit (Applicant)
J Mehta (Respondent)
Solicitors:
Murphy’s Lawyers (Applicant)
Office of the Director of Public Prosecutions (Respondent)

File Number(s): 2022/00181592
Publication restriction:
Pursuant to s 15A of the Children (Criminal Proceedings Act) 1987 (NSW) there is to be no publication of the names of or any information that identifies or is likely to lead to the identification of the complainants referred to as TD, CJ, TF, GT, SL or SM.
Pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010 (NSW) there is to be no publication of any information tending to identify the applicant referred to as RC until the conclusion of the criminal proceedings relating to the matter 2022/00181592.

JUDGMENT

Introduction

This is an application brought by notice of motion filed on 1 May 2024 seeking an order that the special hearing against the applicant be permanently stayed. The application is supported by an affidavit sworn by the applicant’s solicitor which annexed certain medical reports relevant to the application. During the hearing of the application additional medical reports were tendered on behalf of the applicant, evidence was tendered on behalf of the respondent and oral evidence was called.

Background

On 22 June 2022, the applicant, who is presently 77 years old, was arrested in relation to a…

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 RC

Details

AGLC: R v RC [2024] NSWDC 239
Case: [2024] NSWDC 239
Decision Date: 27 May 2024

CaseChat Overview and Summary

The case of R v RC involved a criminal proceeding where the applicant sought a permanent stay of a special hearing. The application was based on the applicant’s unfitness to stand trial, which was determined following an assessment. The matter was heard in the Supreme Court of Victoria. The central issue for the court was whether the application for a permanent stay should be granted, considering the principles applicable when such an application is grounded in common humanity.

The court had to examine the degree of the applicant’s impaired cognitive functioning, their reduced life expectancy, and their history of suicidal ideation. It was necessary to balance these factors against evidence of the applicant's physical independence and cognitive thought processes. The court considered the general principles applicable to permanent stay applications, particularly those articulated in previous case law. The key question was whether the applicant’s condition was such that it would be oppressive or unjust to require them to stand trial.

After thorough consideration of the evidence and the relevant legal principles, the court concluded that the application for a permanent stay should not be granted. The court found that the applicant’s cognitive impairments, while significant, did not preclude the possibility of a trial proceeding under special conditions. The court was also influenced by the applicant's ability to manage their physical needs independently and their demonstrated capacity to engage in certain cognitive processes. Consequently, the application was dismissed, and the special hearing was to proceed as planned.

Orders

Orders of the court

The application is dismissed

Background

Background to the litigation

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Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	R v RC [2024] NSWDC 239
Hearing dates:	14, 15, 16, 21, 22 and 23 May 2024
Date of orders:	27 May 2024
Decision date:	27 May 2024
Jurisdiction:	Criminal
Before:	McGuire SC DCJ
Decision:	The application is dismissed
Catchwords:	CRIMINAL PROCEDURE — stay of proceedings — permanent – application for permanent stay of a special hearing following finding applicant not fit to stand trial – matter to proceed by way of judge alone special hearing – principles applicable where application based on common humanity ground – degree of impaired cognitive functioning – reduced life expectancy – suicidal ideation – evidence of physical independence – evidence of cognitive thought processes – general principles applicable to permanent stay applications
Legislation Cited:	Court Suppression and Non-publication Orders Act 2010 (NSW) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW)
Cases Cited:	Arrivoli v R [2017] NSWDC 112 Barton v R (1980) 147 CLR 75 Batistatos v Roads and Traffic Authority of NSW (2006) 226 CLR 256 Jago v District Court of New South Wales (1989) 168 CLR 23 Kitchingman v R [2023] NSWCCA 4 Koschier v R [2024] NSWCCA 24 R v Crawford (Unreported) Flannery DCJ 1 November 2018 R v Edwards [2009] HCA 20; (2009) 83 ALRJ 717 R v Hakim (1989) 41 A Crim R 372 R v Koschier [2023] NSWDC 323 R v Murray [2011] NSWDC 258 R v O’Neill (No 2) [2023] NSWDC 572 R v RD [2016] NSWCCA 84 Subramaniam v R [2004] HCA 51 TS v R [2014] NSWCCA 174 Walton v Gardiner (1993) 177 CLR 378; [1993] HCA 77
Category:	Principal judgment
Parties:	RC (Applicant) Rex (Respondent/Crown)
Representation:	Counsel: R Pettit (Applicant) J Mehta (Respondent) Solicitors: Murphy’s Lawyers (Applicant) Office of the Director of Public Prosecutions (Respondent)
File Number(s):	2022/00181592
Publication restriction:	Pursuant to s 15A of the Children (Criminal Proceedings Act) 1987 (NSW) there is to be no publication of the names of or any information that identifies or is likely to lead to the identification of the complainants referred to as TD, CJ, TF, GT, SL or SM. Pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010 (NSW) there is to be no publication of any information tending to identify the applicant referred to as RC until the conclusion of the criminal proceedings relating to the matter 2022/00181592.