R v Jones (No 2) [2021] NSWDC 591

District Court New South Wales

Medium Neutral Citation: R v Jones (No 2) [2021] NSWDC 591 Hearing dates: 18 October 2021; 19 October 2021; 20 October 2021 Date of orders: 29 October 2021 Decision date: 29 October 2021 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: On the limited evidence available the defendant is Not Guilty of Counts 1 to 12. Catchwords: CRIME - Indecent assault person under 16 years of age - multiple counts - two complainants MENTAL HEALTH — Criminal proceedings — Person unfit to be tried — Special hearing - principles to be applied MENTAL HEALTH - Special hearing - defendant aged 75 – defendant has significant cognitive impairment - dementia - alleged offences against two daughters - hearing using AVL - tendency – complaint evidence – long delay- significant disadvantage - context evidence - good character - assessment of evidence - application of principle Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Evidence Act 1995 Evidence (Audio and Visual Links) Act 1998 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 Mental Health (Forensic Provisions) Act 1990 Cases Cited: De Belin v R; Sinclair v R [2020] NSWDC 487 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 IMM v The Queen (2016) 257 CLR 300] [2016] HCA 14 R v Jones [2020] NSWDC 655 The Queen v Bauer (2018) 266 CLR 56; [2018] HCA 40 TO v R [2017] NSWCCA 12 W v R [2014] NSWCCA 110 Category: Principal judgment Parties: Mr Jones (the accused - a pseudonym) Director of Public Prosecutions Representation: Counsel: Mr Z Khan (for the accused) Mr D Noll, Solicitor Advocate (for Director of Public Prosecutions)