R v Coluccio [2020] NSWSC 855

Supreme Court New South Wales

Medium Neutral Citation: R v Coluccio [2020] NSWSC 855 Hearing dates: On the papers Decision date: 06 July 2020 Jurisdiction: Common Law - Criminal Before: R A Hulme J Decision: 1. Mr Coluccio is unfit to be tried. 2. He is referred to the Mental Health Review Tribunal pursuant to s 14(1)(a) of the Mental Health (Forensic Provisions) Act. 3. The proceedings are adjourned pending the determination of the Mental Health Review Tribunal, pursuant to s 14(1)(b)(i). 4. Mr Coluccio is remanded in custody until any determination of the Mental Health Review Tribunal under s 16 is given effect. Catchwords: MENTAL HEALTH – criminal proceedings – fitness to be tried – Presser principles – consent of both parties – accused unfit to be tried Legislation Cited: Mental Health (Forensic Provisions) Act 1990 (NSW), ss 6, 14, 16 Cases Cited: Kesavarajah v The Queen (1994) 181 CLR 230; [1994] HCA 41 R v Presser [1958] VR 45 Category: Principal judgment Parties: Vincenzo Coluccio (Accused) Crown Representation: Counsel: R Wilson SC (Accused) J Sfinas (Crown)

Solicitors: Legal Aid Commission Solicitor for Public Prosecutions File Number(s): 2019/38710

Judgment 1. HIS HONOUR: Mr Vincenzo Coluccio is 74 years old. He married his wife, Elia, in 1972. There are three children. It is alleged that on 4 February 2019, Mr Coluccio killed Elia by stabbing her with a kitchen knife while she was asleep on the lounge. He then washed the knife, washed his hands, and drove to Merrylands police station where he turned himself in. 2. Undoubtedly, this is a sad case. I humbly extend my sincere condolences to those who grieve the loss of Ms Elia Coluccio. 3. A question of Mr Coluccio's fitness to be tried has been raised. Both parties agree that he is unfit. Nevertheless, it has been necessary for there to be an inquiry pursuant to the Mental Health (Forensic Provisions) Act 1990 (NSW) (the Act). 4. Expert reports have been tendered without objection. The Court has the additional assistance of written submissions on behalf of the Crown and by senior counsel for Mr Coluccio.