South Australian Current Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 269G

269G—What happens if trial judge decides to proceed first with trial of objective elements of offence

If the trial judge decides to proceed first with the trial of the objective elements of the offence, the court proceeds as follows.

A—Trial of objective elements of offence

        (1)         The court must first hear evidence and representations put to the court by the prosecution and the defence relevant to the question whether the court should find that the objective elements of the offence are established against the defendant.

        (2)         If the court is satisfied that the objective elements of the offence are established beyond reasonable doubt, the court must record a finding that the objective elements of the offence are established; but otherwise the court must find the defendant not guilty of the offence and discharge the defendant.

        (3)         On the trial of the objective elements of an offence, the court is to exclude from consideration any question of whether the defendant's conduct is defensible.

B—Trial of defendant's mental competence

        (1)         If the court records a finding that the objective elements of the offence are established, the court—

            (a)         must hear relevant evidence and representations put to the court by the prosecution and the defence on the question of the defendant's mental competence to commit the offence; and

            (b)         may require the defendant to undergo an examination by a psychiatrist or other appropriate expert and require the results of the examination to be reported to the court.

        (2)         The power to require an examination and report under subsection (1)(b) may be exercised—

            (a)         on the application of the prosecution or the defence; or

            (b)         if the judge considers the examination and report necessary to prevent a possible miscarriage of justice—on the judge's own initiative.

        (3)         At the conclusion of the trial of the defendant's mental competence, the court must decide whether it has been established, on the balance of probabilities, that the defendant was at the time of the alleged offence mentally incompetent to commit the offence and—

            (a)         if so—must declare that the defendant was mentally incompetent to commit the offence, find the defendant not guilty of the offence, and (subject to Division 3A) declare the defendant to be liable to supervision under Division 4 Subdivision 2;

            (b)         if not—must record a finding that the presumption of mental competence has not been displaced and proceed with the trial in the normal way.

        (4)         If the trial is to proceed under subsection B(3)(b), the objective elements of the offence are to be accepted as established.

        (5)         The court may, if the prosecution and the defence agree—

            (a)         dispense with, or terminate, an investigation into a defendant's mental competence to commit an offence; and

            (b)         declare that the defendant was mentally incompetent to commit the offence, find the defendant not guilty of the offence, and (subject to Division 3A) declare the defendant to be liable to supervision under Division 4 Subdivision 2.