R v Risi [2021] NSWSC 769

Supreme Court New South Wales

Medium Neutral Citation: R v Risi [2021] NSWSC 769 Hearing dates: 21 June 2021 Date of orders: 21 June 2021 Decision date: 21 June 2021 Jurisdiction: Common Law - Criminal Before: Beech-Jones J Decision: The Court finds that: (1) In accordance with the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, the accused Michele Noel Risi is unfit to be tried on the offences the subject of the indictment filed against him in this court. (2) Pursuant to section 47(1)(A) of the Mental Health and Cognitive Impairment Provisions Act 2020, on the balance of probabilities during the period of 12 months from today the accused may become fit to be tried for those offences. The Court orders that: (1) The accused be remanded in custody and, (2) Pursuant to section 49(1) of the Mental Health and Cognitive Impairment Forensic Provision Act 2020 the accused be referred to the Mental Health Review Tribunal. Catchwords: CRIMINAL LAW – fitness to be tried – accused cognitively and mentally impaired – currently unfit to be tried – whether accused will remain unfit or may become fit over ensuing 12 months Legislation Cited: Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Mental Health Forensic Provisions Act 1990 (NSW). Cases Cited: R v Presser (1958) VR 45 Category: Principal judgment Parties: Regina (Crown) Michele Noel Risi (Accused) Representation: Counsel: K McKay SC (Crown) T Anderson (Accused)