RM v R [2012] NSWCCA 35

RM v R [2012] NSWCCA 35

The trial judge did not err in refusing a permanent stay for the issues concerning commission of offences or general prejudice due to delay because appropriate forensic disadvantage could be remedied by trial judge directions. However, the specific issue of mental illness (applicant's ability to know right from wrong) requires further consideration by the trial judge, as the impact of delay on the accused's ability to discharge the onus of proof and the fairness of the trial on that point was not sufficiently addressed.

Parties
Appellant: RM; Respondent: Crown
Jurisdiction
Australia
Judgment Date
19 March 2012
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Interlocutory Judgment Refusing Permanent Stay
Outcome
Leave to appeal granted on limited basis; appeal allowed in part; matter remitted to trial judge on limited issue
Legal Topics
Special Hearing, Permanent Stay, Mental Illness Defence, Delay, Right From Wrong, Onus of Proof, Unfairness Due to Prejudice
Criminal Law Special Hearing Permanent Stay Mental Illness Defence Delay Right From Wrong Onus of Proof Unfairness Due to Prejudice

Case Brief

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Parties

RM

Appellant

Crown

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Interlocutory Judgment Refusing Permanent Stay

Legal Issues

  1. 1 Whether a permanent stay of criminal proceedings should be granted due to prejudice caused by delay
  2. 2 Whether the appellant has suffered irremediable prejudice on the mental illness issue owing to the burden of proof and unavailability of evidence

Ratio Decidendi

The trial judge did not err in refusing a permanent stay for the issues concerning commission of offences or general prejudice due to delay because appropriate forensic disadvantage could be remedied by trial judge directions. However, the specific issue of mental illness (applicant's ability to know right from wrong) requires further consideration by the trial judge, as the impact of delay on the accused's ability to discharge the onus of proof and the fairness of the trial on that point was not sufficiently addressed.

Court Disposition

Leave to appeal granted on limited basis; appeal allowed in part; matter remitted to trial judge on limited issue

Orders

  • Leave to appeal granted limited to the issue whether a stay should be granted in relation to the mental illness issue.
  • Appeal allowed in relation to that issue; matter remitted to the trial judge to reconsider the application for a stay on that issue.