A permanent stay of a special hearing on the 'common humanity' ground requires evidence establishing a 'real risk with grave consequences' to the accused's health, not merely a risk; and the availability of ameliorative measures such as excusing the accused from attendance under s 56(8) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) is a relevant consideration in the balancing exercise.
The full text is available to signed-in members.