Togia v Police

The appellant, Solo Togia, sought leave to appeal against the decision of Clifford J that he was fit to stand trial, despite being on bail. The police did not oppose the application. The appeal was grounded on two issues: whether the appellant was in custody when the court ordered reports under the Criminal Procedure (Mentally Impaired Persons) Act 2003, and whether the judge had rigorously examined the evidence to determine the appellant's fitness to stand trial. The court found that the first issue was a matter of fact and did not involve legal issues, but the second issue was a mixed question of law and fact. The court concluded that it was appropriate to grant leave on the second issue as the appellant had a fair point regarding the recording of the decision.

Clifford J found that the first issue was appropriate for granting leave as it was left open by the Court of Appeal in R v McKay. The court also found that the second issue involved legal issues as it was an assessment of what the judge did against a legal standard. The court concluded that it was appropriate to grant leave on the second issue as the appellant had a fair point regarding the recording of the decision.

The court granted leave on both issues. The first issue was whether the appellant was in custody when the court ordered reports under the Act. The second issue was whether the judge had rigorously examined the evidence to determine the appellant's fitness to stand trial. The court concluded that the appellant had a fair point regarding the recording of the decision on the second issue.

No final orders were made in this case as it was an application for leave to appeal.