Reported Decision:
158 A Crim R 172
New South Wales
Court of Criminal Appeal
CITATION: Regina v R T I [2005] NSWCCA 337
HEARING DATE(S): 20 September 2005
JUDGMENT DATE:
20 September 2005JUDGMENT OF: Giles JA at 1; Hislop J at 47; Smart AJ at 48
DECISION: The determinations that the appellant committed the offences be quashed and new special hearings be conducted.
CATCHWORDS: Special hearings under Mental Health (Criminal Procedure) Act 1990 - charges of sexual offences - election for determination by judge alone - whether hearings miscarried because judge did not enquire into understanding of nature of election - R v Minani required judge be satisfied that person's barrister or solicitor be satisfied person properly understood - no enquiry into this - judge's determinations quashed - whether charges of sexual intercourse without consent with person under 16 unreasonable and inconsistent with evidence - consideration of evidence as to complainant's age at the time of the alleged offences - open to judge to be satisfied beyond reasonable doubt - observations as to nomination of limiting terms under Mental Health (Criminal Procedure) Act - cumulation where multiple offences - can not nominate limiting term if commencement after the time of nomination - legislative attention deserved.
CASES CITED: Jones v The Queen (1989) 166 CLR 409;
R v AN [2005] NSWCCA 239;
R v Birlut (1995) 39 NSWLR 1;
R v Kurtic, (CCA, 16 February, unreported);
R v Minami [2005] NSWCCA 226;
R v Mifsud (CCA, 8 November 1995, unreported).PARTIES: Regina v R T I
FILE NUMBER(S): CCA 2005/939
COUNSEL: J R Dwyer - Crown
J Stratton SC - ApplicantSOLICITORS: S Kavanagh, Public Prosecutions - Crown
S O'Connor - Applicant
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/11/0081
LOWER COURT JUDICIAL OFFICER: Finnane DCJ
CCA 2005/939
DC 04/11/0081Tuesday 20 September 2005GILES JA
HISLOP J
SMART AJ
1 GILES JA: The Mental Health (Criminal Procedure) Act 1990 (“the Act”) provides for the conduct of a special hearing when a person charged with an offence has been found unfit to be tried. In May and June 2004 Finnane DCJ conducted two special hearings in respect of a number of offences of sexual assault and assault with which the appellant was charged. The special hearings were not by a jury but, upon an election under the Act’s provisions, by the judge alone. On 30 July 2004 the judge determined that the appellant committed all the offences with which he was charged.
2 On 15 October 2004, again under the Act’s provisions, the judge nominated limiting terms in respect of the offences, being the sentences of imprisonment he would have imposed if the special hearings had been normal trials of a person who was fit to be tried for the offences. His Honour made the limiting terms partially cumulative, the overall result being imprisonment for a total of eleven years commencing on 13 May…
Continue reading Regina v R T I
Sign in free to access the full text
- AGLC
- Regina v R T I [2005] NSWCCA 337
- Case
- [2005] NSWCCA 337
- Decision Date
CaseChat Overview and Summary
The court held that the special hearing miscarried because the trial judge did not ensure that the appellant's legal representatives were satisfied that he properly understood the nature of his election. This was a necessary step in accordance with the decision in R v Minani. The court quashed the judge's determinations and found that the charges were reasonable and supported by the evidence. The court considered the evidence regarding the complainant's age at the time of the alleged offences and was satisfied beyond reasonable doubt that the charges were appropriate. The court also made observations regarding the nomination of limiting terms under the Mental Health (Criminal Procedure) Act, particularly in cases where multiple offences are charged, and suggested that legislative attention may be needed in this area.
The final orders of the court were that the determinations of the trial judge were quashed, and the charges against the appellant were reinstated for further proceedings. The court's decision highlights the importance of ensuring that individuals who elect to be tried by a judge alone fully understand the nature of their election, and the need for careful consideration of charges of sexual offences against minors.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
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
Full text does not contain this section.