R v Ian Charles Wells [2017] NSWDC 105

District Court New South Wales

Medium Neutral Citation: R v Ian Charles Wells [2017] NSWDC 105 Hearing dates: 16 May 2017 Decision date: 16 May 2017 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Accused found unfit to stand trial Catchwords: Fitness to plead; fitness to stand trial Legislation Cited: Bail Act 2013 Crimes Act 1900 Court Suppression and Non-Publication Orders Act 2010 Mental Health (Forensic Provisions) Act 1990 Cases Cited: Kesavarajah v R (1984) 181 CLR 230 R v Presser [1958] VR 45 Category: Principal judgment Parties: Director of Public Prosecutions (Crown) Ian Charles Wells (Accused) Representation: Counsel: P Kerr (Crown) M King (Accused) File Number(s): 16/17329 Publication restriction: S 7 Non-Publication Order for name of Complainants

Judgment

Introduction 1. The accused is to stand trial on an Indictment containing eight counts. The charges comprise historical sex offences alleged to have taken place with two child victims in the 1980's. 2. I make an order pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010, suppressing disclosure of information tending to reveal the identities of the two victims. 3. Counts 1 to 5 on the Indictment concern the victim MD. There are three charges brought pursuant to s 61D(1) of the Crimes Act 1900 (Counts 1, 2 and 4); one count pursuant to s 61E(1) of the Crimes Act 1900 (Count 2); and one count of carnal knowledge pursuant to s 67 of the Crimes Act 1900 (Count 5). 4. Counts 6, 7 and 8 concern the victim BP. They comprise one count pursuant to s 61E(1A) of the Crimes Act 1900 (Count 6); and two counts pursuant to s 66A of the Crimes Act 1900 (Counts 7 and 8). 5. The first five counts concerning the victim MD are alleged to have taken place between 1982 and 1983, and the three counts concerning the victim BP are alleged to have taken place between 1987 and 1988. 6. The legal representatives of the accused have raised a question as to the accused's fitness to be tried of the counts on the Indictment. For the purpose of this application, there is no need for the court to particularise the alleged criminal conduct involved in each of the counts on the Indictment.