NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Vosota [2021] NSWDC 621 Hearing dates: 28 October 2021 Date of orders: 28 October 2021 Decision date: 28 October 2021 Jurisdiction: Criminal Before: Grant DCJ Decision: (1) I refer the accused person to the Mental Health Review Tribunal for a review: s 49(1) (2) I remand the accused in custody: s 47(2)(d). (3) The accused is to be transferred to a secure psychiatric facility for assessment and treatment: s 42(2)(e). (4) The reports of Drs Furst and O'Dea are to be served on the Commission for Corrective Services and Justice Health. (5) A copy of this judgment is to be forwarded to the Registrar of the Mental Health Review Tribunal, as well as the reports of Dr Furst and O'Dea. Catchwords: Criminal Law - accused committed for trial to determine the question of fitness - fitness hearing - not fit to be tried - mental health or cognitive impairment Legislation Cited: Crimes Act 1900 Cognitive Impairment Forensic Provisions Act 2020 Mental Health Forensic Provisions Act 1990 Cases Cited: Kesavarajah v The Queen (1994) 181 CLR 230 R v Presser [1958] VR 45 Category: Procedural rulings Parties: Regina (Crown) Jiuta Vosota (Accused) Representation: Counsel: Mr Kerr Mr King
Solicitors: Mr Thomas (DPP) Ms Murray File Number(s): 2020/00260430 Publication restriction: Nil.
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