R v David Allan Williams [2006] NSWDC 203

New South Wales District Court

CITATION: R v David Allan Williams [2006] NSWDC 203

HEARING DATE(S): 14-18 August 2006

JUDGMENT DATE: 22 December 2006

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: Finding of unfit to be tried.; Accused referred to MHRT.

CATCHWORDS: Criminal Law - Fitness Hearing - Presser test applied

R v Presser [1958] VR 45 at 48 CASES CITED: R v Mailes (2001) 53 NSWLR 251 R v Dennison [1988] unreported, NSWCCA 3 March 1988

PARTIES: Regina David Allan Williams

FILE NUMBER(S): 06/11/0240

COUNSEL: M. Ainsworth - accused

SOLICITORS: Mr Turner - Crown

JUDGMENT 1 HIS HONOUR: On 14 August 2006 David Williams pleaded not guilty to ten counts of sexual assault, three of those counts were expressed to be in the alternative. A pre-trial voir dire hearing was held on matters not relevant to the present matter.

2 On the crown case the offences occurred at the accused' apartment on a morning of 25 August 2005. The complainant was, at the relevant time, the estranged wife of the accused. The case included allegations of physical violence, actual bodily harm and self manipulation of soft drink bottles into the vagina of the complainant. It must be recognised that the subject matter and the particular nature of the allegations would make such a hearing before a jury a stressful event not only for the complainant but for the accused as well.

3 On the second day of the trial counsel for the accused found himself in a situation where he felt compelled to seek leave to withdraw. Among other things he was concerned that symptoms of the accused' unfitness to be tried were being demonstrated in respect of the accused' capacity to instruct his legal team. The jury was discharged, a fitness hearing was scheduled. Ultimately that fitness hearing was conducted on 13 December last.