RM v R [2012] NSWCCA 35

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: RM v R [2012] NSWCCA 35 Hearing dates: 30 January 2012 Decision date: 19 March 2012 Before: Whealy JA at [1] R.S. Hulme J at [92] Hidden J at [94] Decision: (1) Leave to appeal granted on the limited basis as to whether stay should be granted in relation to the mental illness issue. (2) In relation to that issue, the appeal is allowed and the matter remitted to the trial judge to consider afresh whether a stay should be granted. (3) Otherwise, in relation to all other issues, leave is refused. Catchwords: CRIMINAL LAW - Appeal - Special Hearing - s 19 Mental Health (Forensic Provisions) Act 1990 - interlocutory judgment refusing to permanently stay criminal proceedings - whether an intellectually handicapped accused knew right from wrong at the material time - whether substantial delay had resulted in unfairness to the accused in adducing evidence - a permanent stay is only to be granted in the extreme case where the apprehended defect is of such a nature that nothing a trial judge can do in the conduct of the trial can relieve against its unfair consequences. Legislation Cited: - Criminal Appeal Act 1912 (NSW) - s 5F(3)(a) - Mental Health (Forensic Provisions) Act 1990 (NSW) - s 19 Cases Cited: - Agoston v R [2008] NSWCCA 116 - Barton v R (1980) 147 CLR 75 - Dupas v R (2010) 241 CLR 237 - Jago v District Court of New South Wales & Ors (1989) 168 CLR 23 - R v Edwards (2009) 83 ALJR 717 - R v Glennon (1992) 173 CLR 592 - R v Porter (1933) 55 CLR 182 - R v RWO [2002] NSWCCA 133 - R v WRC (2003) 59 NSWLR 273 - Reg v S [1979] 2 NSWLR 1 - Stapleton v R (1952) 86 CLR 358 - Subramaniam v R (2004) 211 ALR 1 Category: Principal judgment Parties: RM (Appellant) Crown (Respondent) Representation: Counsel: M.J. McAuley (Appellant) Ms J.R. Dwyer (Crown) Solicitors: McAuley Hawach Lawyers (Appellant) Director of Public Prosecutions (Crown) File Number(s): 2009/228256 Decision under appeal Jurisdiction: 9101 Date of Decision: 2011-10-14 00:00:00 Before: Woodburne SC DCJ File Number(s): 2009/228256