R v Fuller [2020] NSWDC 649

District Court New South Wales

Medium Neutral Citation: R v Fuller [2020] NSWDC 649 Hearing dates: 28 October 2020 Decision date: 28 October 2020 Jurisdiction: Criminal Before: Haesler DC DCJ Decision: I find Phillip Leslie Fuller unfit to be tried. Catchwords: CRIME — Indecent assault child under 10 – fitness to be tried MENTAL HEALTH — Criminal proceedings- guilty plea in Local Court – committal for sentence – fitness to adhere to plea raised on a bona fide basis - fitness hearing - experts agree accused unfit to plead or be tried - need for judge to make independent determination - accused unfit to be tried or adhere to guilty pleas - referral to Mental Health Review Tribunal Legislation Cited: Bail Act 2013 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Mental Health (Forensic Proceedings) Act 2000 Cases Cited: Eastman v The Queen (2000) 203 CLR 1; [2000] HCA 29 Hofer v R [2019] NSWCCA Kesavarajah v The Queen (1994) 181 CLR 230 Ngatayi v The Queen (1980) 147 CLR 1 Presser v R [1958] VR 45 R v Rivkin (2004) 59 NSWLR 284; [2004] NSWCCA 7 Category: Principal judgment Parties: Phillip Leslie Fuller (the accused) Director of Public Prosecutions Representation: Counsel: Mr I Wallach (for the accused) Mr M Fox, Crown Prosecutor

Solicitors: Armstrong Legal (for the accused) Director of Public Prosecutions NSW File Number(s): 2019/00273415 Publication restriction: Pursuant to s15A Children (Criminal Proceedings) Act 1987 and s578A Crimes Act 1900 there is to be no publication of the complainant's name or anything that may lead to her identification. Identifying information has been removed from this version of the judgment to comply with the statutes.