Regina v Harold Arthur Burke [2006] NSWDC 151

NSW Caselaw

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New South Wales District Court

CITATION: Regina v Harold Arthur Burke [2006] NSWDC 151

HEARING DATE(S): 11 December 2006

JUDGMENT DATE: 12 December 2006

EX TEMPORE JUDGMENT DATE : 05/12/2007

JUDGMENT OF: Nicholson SC DCJ

DECISION: Application for permanent stay refused. para 75.

CATCHWORDS: Criminal law - Application - permanent stay of proceedings - sexual assault charges - child complainant - 83 year old grandfather - war vetran - age related health and dementia problems - trial offends common humanity claim - purpose criminal law trial serves in community - significance of permenant stay measured against that purpose - remedy of last resort - quality of fair trial according to law.

LEGISLATION CITED: Mental Health (Criminal Procedure) Act 1990

Jago v The District Court of New South Wales (1989) 168 CLR 23 CASES CITED: WRC (2003) 59 NSWLR 273 Littler (2001)120 ACrimR 512

PARTIES: Regina Harold Athur Burke

FILE NUMBER(S): 06/21/0110

COUNSEL: Applicant: M.J Crawford-Fish Crown: Ms I Curry

JUDGMENT On application for stay of proceedings 1 HIS HONOUR: Harold Arthur Burke was born in July 1923. He is now 83 years old. He no longer enjoys good physical health. He has been diagnosed with three significant mental health issues. He takes something like ten tablets and two injections daily to maintain such health as he has.

2 On 4 January 2005 a young female relative complained of being sexually assaulted by him.

3 On 28 January 2005 she made a number of allegations to police. Harold Burke was charged with three counts of sexual assault on 13 May 2005.

4 More than six months later, the young female relative made further allegations. On 27 February 2006, Harold Burke was charged with further counts of sexual offending.

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Document text

New South Wales District Court

CITATION: Regina v Harold Arthur Burke [2006] NSWDC 151

HEARING DATE(S): 11 December 2006

JUDGMENT DATE: 12 December 2006

EX TEMPORE JUDGMENT DATE : 05/12/2007

JUDGMENT OF: Nicholson SC DCJ

DECISION: Application for permanent stay refused. para 75.

LEGISLATION CITED: Mental Health (Criminal Procedure) Act 1990

Jago v The District Court of New South Wales (1989) 168 CLR 23 CASES CITED: WRC (2003) 59 NSWLR 273 Littler (2001)120 ACrimR 512

PARTIES: Regina Harold Athur Burke

FILE NUMBER(S): 06/21/0110

COUNSEL: Applicant: M.J Crawford-Fish Crown: Ms I Curry

2 On 4 January 2005 a young female relative complained of being sexually assaulted by him.

3 On 28 January 2005 she made a number of allegations to police. Harold Burke was charged with three counts of sexual assault on 13 May 2005.

4 More than six months later, the young female relative made further allegations. On 27 February 2006, Harold Burke was charged with further counts of sexual offending.

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