R v Mailes [1999] NSWCCA 127

R v Mailes [1999] NSWCCA 127

Leave to appeal was refused because the applicant did not wish to proceed with the application, the murder trial was already at an advanced stage, the Court was reluctant to interrupt an ongoing criminal trial, the application would become academic if the applicant were acquitted, and if convicted the applicant could raise the refusal to order an inquiry on an appeal against conviction.

Jurisdiction
Australia
Judgment Date
18 May 1999
Procedural Posture
Application Pursuant to Section 5 F of the Criminal Appeal Act for Leave to Appeal Against a Decision Refusing to Order an Inquiry Into Fitness to Be Tried / Court of Criminal Appeal Leave Application During an Ongoing Supreme Court Murder Trial
Outcome
Leave to appeal refused.
Legal Topics
['leave to Appeal Under S5 F of the Criminal Appeal Act' 'fitness to Be Tried' 'inquiry Under the Mental Health (criminal Procedure) Act 1990' 'interruption of Criminal Trial']
['criminal Law and Procedure' 'appellate Procedure' 'mental Health and Criminal Procedure'] ['leave to Appeal Under S5 F of the Criminal Appeal Act' 'fitness to Be Tried' 'inquiry Under the Mental Health (criminal Procedure) Act 1990' 'interruption of Criminal Trial']

Case Brief

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Procedural Posture

Application Pursuant to Section 5 F of the Criminal Appeal Act for Leave to Appeal Against a Decision Refusing to Order an Inquiry Into Fitness to Be Tried / Court of Criminal Appeal Leave Application During an Ongoing Supreme Court Murder Trial

Legal Issues

  1. 1 ["Whether leave should be granted to appeal against Newman J's refusal to order an inquiry under the Mental Health (Criminal Procedure) Act 1990 into whether the applicant was unfit to be tried." 'Whether the Court of Criminal Appeal should interrupt an ongoing criminal trial that had reached an advanced stage.']

Ratio Decidendi

Leave to appeal was refused because the applicant did not wish to proceed with the application, the murder trial was already at an advanced stage, the Court was reluctant to interrupt an ongoing criminal trial, the application would become academic if the applicant were acquitted, and if convicted the applicant could raise the refusal to order an inquiry on an appeal against conviction.

Court Disposition

Leave to appeal refused.

Orders

  • ['Leave to appeal refused.']