R v McKellar (No 2) [2014] NSWSC 105

R v McKellar (No 2) [2014] NSWSC 105

In light of the accused's mental and intellectual condition, his continuing representation by senior counsel, the fact that the proceeding was a special hearing rather than a trial, the absence of prejudice from his absence, and the Crown's consent, the Court exercised its discretion to permit the accused to be absent and allowed the special hearing to proceed forthwith.

Jurisdiction
Australia
Judgment Date
18 February 2014
Procedural Posture
Common Law Criminal; Special Hearing of Allegations Including Murder / Ruling on Application for the Special Hearing to Continue in the Accused's Voluntary Absence
Outcome
Application granted to allow the special hearing to continue in the accused's absence; recommendation for return to a forensic unit declined.
Legal Topics
['murder' 'special Hearing' 'unfitness to Stand Trial' 'accused Absent From Proceedings' 'mental Health (forensic Provisions) Act 1990 (nsw)']
['criminal Law' 'mental Health and Forensic Procedure'] ['murder' 'special Hearing' 'unfitness to Stand Trial' 'accused Absent From Proceedings' 'mental Health (forensic Provisions) Act 1990 (nsw)']

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Procedural Posture

Common Law Criminal; Special Hearing of Allegations Including Murder / Ruling on Application for the Special Hearing to Continue in the Accused's Voluntary Absence

Legal Issues

  1. 1 ['Whether a special hearing could continue in the voluntary absence of an accused who was mentally ill and intellectually disabled.' 'Whether the Court should recommend that the accused be returned to a forensic unit in Sydney.']

Ratio Decidendi

In light of the accused's mental and intellectual condition, his continuing representation by senior counsel, the fact that the proceeding was a special hearing rather than a trial, the absence of prejudice from his absence, and the Crown's consent, the Court exercised its discretion to permit the accused to be absent and allowed the special hearing to proceed forthwith.

Court Disposition

Application granted to allow the special hearing to continue in the accused's absence; recommendation for return to a forensic unit declined.

Orders

  • ['The special hearing of the accused may continue in his absence.']