Stephen Paul Angel v The Queen

[2014] HCASL 232

STEPHEN PAUL ANGEL

v

THE QUEEN

[2014] HCASL 232
A18/2014

1. The applicant was charged with aggravated indecent assault. As the applicant's mental competence was in issue, his trial in the District Court of South Australia was required to be conducted pursuant to Pt 8A of the Criminal Law Consolidation Act 1935 (SA).

2. On 30 January 2014, the jury returned a verdict that the objective elements of the offence were established beyond reasonable doubt. The next day, the same jury returned a verdict that the defendant was mentally incompetent to commit the offence. As a consequence, a verdict of not guilty was returned and the trial judge declared that the applicant was liable to supervision under Pt 8A.

3. On 18 July 2014, the Court of Criminal Appeal of the Supreme Court of South Australia (Gray, David and Peek JJ) allowed the applicant's appeal and ordered a retrial. The Court of Criminal Appeal held that the inquiries into mental competence and the objective elements of the offence were not separated as required by Pt 8A. This constituted a significant breach of a statutory safeguard in the trial process, and therefore the proviso could not be applied.

4. The applicant now seeks special leave to appeal to this Court.  The applicant's contentions regarding the principle of double jeopardy are misconceived, and his grounds of appeal are otherwise principally directed to matters more suitable for consideration at his retrial.  In the circumstances, it was appropriate for the Court of Criminal Appeal to order a retrial in relation to both inquiries.  An appeal to this Court would enjoy no prospects of success.  Special leave is refused.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
11 December 2014 P.A. Keane