R v SEXTON
[2000] SASC 276Court of Criminal Appeal Prior, Williams & Gray JJ
PRIOR J I agree with the reasons published by Gray J.
The questions reserved for consideration and determination by this Court should be answered in the manner he proposes.
WILLIAMS J I agree that the questions reserved should be answered in the manner proposed by Gray J for the reasons which he has given.
GRAY J The Court has before it a case stated for consideration and determination on questions reserved pursuant to sections 350 and 351 of the Criminal Law Consolidation Act 1935 (SA). The case stated has arisen from applications by the accused, William Alfred Sexton (Sexton) to have his trial stayed or adjourned on the grounds of ill-health. The questions of law to be considered primarily concern the procedure for determination of unfitness to stand trial, where the accused is charged with a federal offence.
History of the Matter
Sexton was jointly charged with five others with “Being Knowingly concerned in the Importation of a Prohibited Import” contrary to section 233B(1)(d) of the Customs Act 1901 (Cth). The offence is alleged to have been committed in 1997. Sexton was first arraigned in the District Court on 31 August 1998, at which time he pleaded not guilty.
By application dated 8 November 1999, Sexton sought to have the proceedings permanently stayed on the basis that he was medically unfit to stand trial.
On 3 December 1999, Olsson J in R v Burns & Ors (No 2)[1] held that Division 6 of the Crimes Act 1914 (Cth) applied, the provisions of which effectively oust the operation of the court's common law powers to grant a permanent stay of proceedings. Citing Kesavarajah v R[2], Olsson J held that once a question of fitness to be tried is raised in relation to a federal offence, the issue should be tried by jury unless no reasonable jury, properly instructed, could find that the accused was not fit to be tried.[3] On the merits, Olsson J found that the medical evidence did not disclose a situation requiring the issue to be put to a jury.
On 23 February 2000 Sexton made a further application that the proceedings be stayed permanently or until further order. In the alternative, he argued that the trial should be adjourned. The application contained the following particulars:
“That the applicant Sexton suffers from coronary artery disease which is medically inoperable. Medical opinion is that the stress and emotional demands of a criminal trial will cause the applicant to suffer severe chest pains, angina or further heart attacks, all of which could necessitate periods of hospitalisation. Each episode will cause further deterioration to the applicant’s medical condition. The applicant’s medical condition is unlikely to improve due to several factors. It is in the interests of justice and fairness to the applicant that his trial in these…
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