R v Jones [2019] NSWDC 655

R v Jones [2019] NSWDC 655

Because the issue of the accused's fitness to be tried had been genuinely raised before arraignment, was supported by medical and solicitor evidence, and was not opposed by the prosecution, procedural fairness required that the parties be given an opportunity to explore the issue through a fitness hearing; if the trial proceeded and the accused was arraigned while unfit, the trial would miscarry.

Jurisdiction
Australia
Judgment Date
07 November 2019
Procedural Posture
Criminal Proceedings on Indictment Alleging Indecent Assault / Pre Trial Application to Vacate Trial Date and Fix a Fitness Hearing Before Arraignment
Outcome
Trial date vacated and matter fixed for fitness hearing; bail continued until further order.
Legal Topics
['sexual Offence Proceedings' 'adjournment' 'unfitness to Be Tried' 'fitness Hearing' 'procedural Fairness' 'bail']
['criminal Law' 'criminal Procedure' 'mental Health Law'] ['sexual Offence Proceedings' 'adjournment' 'unfitness to Be Tried' 'fitness Hearing' 'procedural Fairness' 'bail']

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Procedural Posture

Criminal Proceedings on Indictment Alleging Indecent Assault / Pre Trial Application to Vacate Trial Date and Fix a Fitness Hearing Before Arraignment

Legal Issues

  1. 1 ["Whether the trial date should be vacated because the issue of the accused's unfitness to be tried had been genuinely raised." 'Whether an inquiry or fitness hearing should be conducted before the hearing of the proceedings.' "Whether refusing an adjournment would prejudice the accused's ability to participate in the trial and give instructions."]

Ratio Decidendi

Because the issue of the accused's fitness to be tried had been genuinely raised before arraignment, was supported by medical and solicitor evidence, and was not opposed by the prosecution, procedural fairness required that the parties be given an opportunity to explore the issue through a fitness hearing; if the trial proceeded and the accused was arraigned while unfit, the trial would miscarry.

Court Disposition

Trial date vacated and matter fixed for fitness hearing; bail continued until further order.

Orders

  • ['I vacate the trial fixed for 11 November 2019.' 'I fix the matter for fitness hearing on 24 February 2020.' 'I fix Tuesday 11 February for mention and further direction. Mr Jones excused on that day. In accordance with the Bail Act 2013 the present bail continues until further order.']