R v Degei [2020] NSWSC 1267

Supreme Court New South Wales

Medium Neutral Citation: R v Degei [2020] NSWSC 1267 Hearing dates: On the papers Decision date: 17 September 2020 Jurisdiction: Common Law - Criminal Before: R A Hulme J Decision: 1. Imaueli Jone Degei is unfit to be tried. 2. He is referred to the Mental Health Review Tribunal in accordance with s 14(a) of the Mental Health (Forensic Provisions) Act. 3. The proceedings are adjourned pending any determination of the Mental Health Review Tribunal. 4. Mr Degei is remanded in custody pending any determination of the Mental Health Review Tribunal. Catchwords: MENTAL HEALTH – criminal proceedings – fitness to be tried – Presser principles – agreement of parties and experts – accused unfit to be tried Legislation Cited: Mental Health (Forensic Provisions) Act 1990 (NSW), s 6 Cases Cited: Kesavarajah v The Queen (1994) 181 CLR 230; [1994] HCA 41 R v Presser [1958] VR 45 Category: Principal judgment Parties: Imaueli Jone Degei (Accused) Crown Representation: Counsel: P Johnson (Accused) F Veltro (Crown) J Sfinas (Crown)

Solicitors: Aquila Lawyers Solicitor for Public Prosecutions File Number(s): 2018/261828

Judgment 1. HIS HONOUR: Mr Imaueli Degei (the accused) is charged with the murder of Ms Kristina Kalnic at Carramar on 25 August 2018. A question has been raised as to his fitness to be tried. 2. The accused first came under notice of authorities for being mentally ill at the age of 17 when he was hospitalised in May 2017. He was released on a community treatment order in October 2017 but hospitalised again in January 2018. He was released on 8 August 2018 with follow up by the Macarthur Assertive Treatment team. 3. Ms Kristina Kalnic, lived with her partner of more than 30 years, Mr Zivan Gajic. On 25 August 2018, Mr Gajic was working on his car when he observed the accused walking unsteadily up the road and around their apartment block. At one point, thinking the accused had collapsed, Mr Gajic asked Ms Kalnic to call the police and ambulance. 4. Ms Kalnic came down from their unit and approached the accused. When she turned away, he punched her in the face. He then stomped on her head three times, killing her. 5. This was an unspeakably tragic loss of life. My deepest sympathies go to Ms Kalnic's family and friends. 6. The parties agree that an inquiry should be held as to whether the accused is fit to be tried pursuant to the Mental Health (Forensic Provisions) Act 1990 (NSW) (the Act). The parties agree that the matter may be dealt with on the papers. 7. I have the benefit of submissions from the Crown and counsel for the accused, as well as reports by forensic psychiatrists, Dr Richard Furst and Professor David Greenberg.