R v Stevens

[2010] SASCFC 1

South Australia Full Court

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Interrogate

Catchwords

1. Criminal Law
2. › Procedure
3. › Fitness to plead or be tried
4. › Mental unfitness to stand trial
5. › Test for unfitness
6. › Whether person's mental processes so disordered or impaired as to be unable to understand charge, exercise procedural rights, or follow proceedings
7. › Whether trial judge erred in rejecting expert opinions
8. › Criminal Law Consolidation Act 1935 (SA), s 269H
1. Criminal Law
2. › Appeal and new trial
3. › Appeal against finding of fitness to stand trial
4. › Nature of appeal under s 269Y
5. › Whether appeal by way of rehearing
6. › Powers of appellate court to make findings or exercise powers of court of trial
7. › Criminal Law Consolidation Act 1935 (SA), s 269Y
1. Evidence
2. › Expert evidence
3. › Psychologists' opinions on fitness to plead
4. › Whether expert applied correct legal test
5. › Court's entitlement to reject expert opinion where expert failed to address correct criteria

Quick Take

The Presser test for fitness to plead must be applied with reference to the specific charges and factual allegations, not as an abstract assessment of cognitive capacity. Expert psychologists assessing fitness to plead must be briefed on the specific charges and must address the practical criteria in Presser rather than focusing on abstract cognitive abilities or tactical decision-making capacity. An appeal under s 269Y of the CLCA proceeds by way of rehearing with powers broader than those under s 353, equating to those under s 42(5) of the Magistrates Court Act 1991 (SA).