Arrivoli v R [2017] NSWDC 112

District Court New South Wales

Medium Neutral Citation: Arrivoli v R [2017] NSWDC 112 Hearing dates: 7 - 8 December 2016 Decision date: 25 January 2017 Jurisdiction: Criminal Before: Buscombe DCJ Decision: That the special hearing under the Mental Health (Forensic Provisions) Act 1990 be permanently stayed. Catchwords: CRIMINAL LAW – special hearing – permanent stay of proceedings Legislation Cited: Crimes Act 1900 (NSW), ss 79, 80 Mental Health (Forensic Provisions) Act 1990 (NSW), s 19 Cases Cited: Jago v District Court of New South Wales & Ors (1989) 168 CLR 23 R v Edwards [2009] HCA 20 R v Glennon (1992) 173 CLR 592 R v Hakim (1989) 41 A Crim R 372 R v Littler [2001] NSWCCA 173 R v Presser [1958] VR 45 R v WRC [2003] NSWCCA 394 Subramaniam v R (2004) 211 ALR 1 Category: Procedural and other rulings Parties: Theodore Arrivoli (Applicant) Office of the Director of Public Prosecutions (Respondent) Representation: Greg Walsh & Co. Solicitors (Applicant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2014/00348821

Judgment

INTRODUCTION 1. The applicant accused, whom I will refer to as "the applicant" by notice of motion dated 2 December 2016 seeks a permanent stay of a special hearing under s 19 of the Mental Health (Forensic Provisions) Act concerned with the following allegations. Two allegations that between 1 January 1973 and 31 December 1974 at Richmond he committed an act of buggery with JR. Buggery was an offence at the relevant time under s 79 of the Crimes Act. There is also an allegation that during the same period and at the same place he attempted to commit an act of buggery with JR. That at the relevant time was an offence under s 80 of the Crimes Act. I turn then to the nature of the Crown case.