R v Lailna [2021] NSWSC 1205

Supreme Court New South Wales

Medium Neutral Citation: R v Lailna [2021] NSWSC 1205 Hearing dates: 13 September 2021 Date of orders: 13 September 2021 Decision date: 13 September 2021 Jurisdiction: Common Law Before: Hamill J Decision: (1) The accused is unfit to be tried pursuant to s 36 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) ("the Act"). (2) The accused may become fit to be tried within the next 12 months pursuant to s 47(1)(a) of the Act. (3) The accused is referred to the Mental Health Tribunal pursuant to s 49(1) of the Act. (4) The accused is remanded in custody pursuant to s 47(2)(d) of the Act. (5) I direct the registrar to provide a copy of the exhibits, documents marked for identification and this judgment to the Mental Health Tribunal as soon as possible. Catchwords: CRIMINAL LAW - fitness to be tried - murder of wife - delusional and paranoid beliefs - belief the victim is trying to kill him - belief the victim may be a "duplicate" - new mental health legislation - codified criteria of fitness - opinions of psychiatrists - accused not fit to be tried - whether likely to become fit in the next 12 months - appropriate orders Legislation Cited: Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 36, 38, 39, 44 Mental Health Forensic Provisions Act 1990 (NSW) Cases Cited: R v Risi [2021] NSWSC 769 Category: Principal judgment Parties: Regina Baltej Singh Lailna Representation: Counsel: F Gray (Crown) I Todd (Lailna)