The Court dismissed an application for a permanent stay of criminal proceedings brought by a young accused with diagnosed Major Depressive Disorder, ADHD, ASD and a history of self-harm, holding that the circumstances were not so exceptional as to amount to an abuse of process. The Court held that available measures — including remittal to the Childrens Court, use of pre-recorded evidence, flexible hearing arrangements, and the accused's own engagement with psychological treatment — could sufficiently mitigate the impact of a retrial on the accused's mental health. The Court also noted that it would be more difficult to establish abuse of process where the accused had not herself taken reasonable steps to address her conditions, such as taking prescribed medication.
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