RC v Director of Public Prosecutions [2024] NSWCCA 95

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: RC v Director of Public Prosecutions [2024] NSWCCA 95 Hearing dates: 7 June 2024 Date of orders: 7 June 2024 Decision date: 12 June 2024 Before: Basten AJA; N Adams J; McNaughton J Decision: (1) Grant leave to appeal on grounds 1(a) and (b). (2) Refuse leave to appeal on grounds (2)(a) and (b). (3) Dismiss the appeal from the judgment in the District Court refusing a permanent stay of the special hearing. (4) Pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW) on the ground that the order is necessary to protect the safety of the applicant pursuant to s 8(1)(c) of the Act, prohibit the publication of any information tending to reveal the identity of the applicant in connection with the proceedings in this Court. (5) Order (4) is to apply throughout the Commonwealth of Australia. (6) Order (4) is to apply until the expiration of 28 days from the date of these orders. Catchwords: CRIME – procedure – interlocutory appeal – application for permanent stay – applicant unfit to stand trial – special hearing directed – charges related to historical sexual misconduct – refusal by trial judge to grant permanent stay – reliance on applicant's mental and physical condition – whether judge erred in not finding that special hearing would be an affront to common humanity – risk that hearing would exacerbate applicant's mental and physical conditions – no forensic disadvantage identified Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW), ss 7, 8 Criminal Appeal Act 1912 (NSW), s 5F Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), Pt 4, Div 3, ss 36, 48, 56 Mental Health (Criminal Procedure) Act 1990 (NSW), ss 19, 21 Cases Cited: Arrivoli v R [2017] NSWDC 112 Barton v The Queen (1980) 147 CLR 75; [1980] HCA 48 GLJ v Trustees of the Roman Catholic Church for the Diocese of Lismore [2023] HCA 32; 97 ALJR 857 House v The King (1936) 55 CLR 499; [1936] HCA 40 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Kitchingman v R [2023] NSWCCA 4 Koschier v R [2024] NSWCCA 24 Moubarak bht Coorey v Holt (2019) 100 NSWLR 218; [2019] NSWCA 102 Queen v Edwards [2009] HCA 20; 83 ALJR 717 R v Hakim (1989) 41 A Crim R 372 R v Murray [2011] NSWDC 258 R v O'Neill (No 2) [2023] NSWDC 572 R v WRC [2003] NSWCCA 394; (2003) 59 NSWLR 273 Subramaniam v The Queen [2004] HCA 51; 79 ALJR 116 TS v R [2014] NSWCCA 174 Walton v Gardiner (1993) 177 CLR 378; [1993] HCA 77 Category: Principal judgment Parties: RC (Applicant) Director of Public Prosecutions (NSW) (Respondent) Representation: Counsel: S Buchen SC / R Pettit (Applicant) B Hatfield SC / J Mehta (Respondent)