An accused's serious medical conditions, including congestive cardiac failure, limited life expectancy, and reduced concentration capacity, do not of themselves warrant a permanent stay of criminal proceedings where the accused retains normal intellect and good memory, and where procedural accommodations (reduced sitting hours, breaks, carer attendance) can ameliorate the difficulties. The 'common humanity' principle from Hakim requires a medical condition far more profound than that of an elderly person whose conditions are being managed, even if deteriorating. The question whether the common humanity test operates as a stand-alone basis for a stay or must be assessed within the broader Jago balancing exercise was left open.
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