R v MC [2020] NSWSC 1160

Supreme Court New South Wales

Medium Neutral Citation: R v MC [2020] NSWSC 1160 Hearing dates: 21 August 2020 Date of orders: 21 August 2020 Decision date: 21 August 2020 Jurisdiction: Common Law Before: Wilson J Decision: (1) Pursuant to s 14 of the Mental Health (Forensic Provisions) Act 1990, ("The Act") I find that the accused, MC, is unfit to be tried for the offences of murder, and for the offence of wounding with intent to do grievous bodily harm; (2) In accordance with s 14 of the Act, I refer the matter to the Mental Health Review Tribunal; (3) Pursuant to s 14(b)(iii) of the Act, I remand the accused in custody pending further orders of the Court; (4) I direct the registry to provide the following documents to the Mental Health Review Tribunal: (a) copy of this judgment; (b) a copy of the exhibits tendered to this inquiry. Catchwords: CRIMINAL LAW – charges of murder and wounding with intent to cause grievous bodily harm - fitness enquiry – question of fitness to be tried – juvenile accused with autism and schizophrenia - "Presser" criteria – single issue at any trial - trial to be conducted in an efficient way likely before a judge alone – no requirement to challenge jurors – no need to test evidence or call evidence from accused – whether accused unfit to be tried in those circumstances Legislation Cited: Crimes Act 1900 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Kesavarajah v R (1994) 181 CLR 230; [1994] HCA 41 R v Presser [1958] VR 45 Category: Principal judgment Parties: Director of Public Prosecutions (Crown) MC (Accused) Representation: Counsel: Mr S Hughes (Crown) Ms B Rigg SC (Accused)