R v White, Kaelym Haamiora [2020] NSWDC 418

District Court New South Wales

Medium Neutral Citation: R v White, Kaelym Haamiora [2020] NSWDC 418 Hearing dates: 1 July 2020 Date of orders: 1 July 2020 Decision date: 01 July 2020 Jurisdiction: Criminal Before: P Taylor SC DCJ Decision: (1) I find that the accused, Kaelym Haamiora White, is unfit to be tried for the offence of aggravated robbery. (2) Pursuant to s 14(a) of the Mental Health (Forensic Provisions) Act 1990, I refer the accused to the Mental Health Review Tribunal. (3) I direct that that a copy of the reports of Dr Dayalan and Professor Greenberg in Exhibit A be provided to the Tribunal. (4) In accordance with s 14(b) of the Mental Health (Forensic Provisions) Act 1990, the matter is adjourned for mention to Friday, 6 November 2020 at 9.30am before the list judge. (5) By consent, fresh bail granted to the accused on the existing conditions with the following changes: (a) To reside at [address deleted for publication]. (b) To report to police at Blacktown Police Station instead of Penrith Police Station. (c) An acceptable person without security to agree to forfeit the sum of $100 instead of $500 in the event of the accused failing to appear. (d) Remove the self-surety condition. (6) In the event that bail is not entered, issue s 77 order for the accused to appear via AVL on the next occasion. Catchwords: MENTAL HEALTH — Criminal proceedings — Fitness to be tried CRIME — Bail — Variation application Legislation Cited: Mental Health (Forensic Provisions) Act 1990, s 14 Cases Cited: Kesavarajah v R (1994) 181 CLR 230; [1994] HCA 41 R v Presser [1958] VR 45; [1958] ALR 248 Category: Procedural and other rulings Parties: Regina Kaelym Haamiora White (Accused) Representation: Solicitors: Office of the Director of Public Prosecutions (Crown) Legal Aid NSW (Accused) File Number(s): 2019/92412 Publication restriction: None