RE v R [2022] NSWCCA 73

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: RE v R [2022] NSWCCA 73 Hearing dates: 30 March 2022 Date of orders: 30 March 2022 Decision date: 11 April 2022 Before: Macfarlan JA at [1]; Bellew J at [14]; Wright J at [15] Decision: Orders made on 30 March 2022: (1) Extend the time for leave to appeal to today. (2) Allow the appeal. (3) Quash the applicant's convictions and sentence. (4) Remit the matter to the District Court for a retrial. (5) List the matter in the District Court on the next arraignment date occurring 7 days after today's date. (6) Reasons for judgment reserved. Catchwords: CRIMINAL PROCEDURE – fitness to be tried – trial judge found no real and substantial concern about the applicant's fitness to stand trial – whether evidence tendered on appeal indicated that there was a miscarriage of justice because there exists an unresolved question about the applicant's then fitness to be tried Legislation Cited: Mental Health (Forensic Provisions) Act 1990 (NSW), s 10 Cases Cited: Eastman v The Queen (2000) 203 CLR 1; [2000] HCA 29 Hofer v R [2019] NSWCCA 244 JM v R; R v JM [2017] NSWCCA 138 R v Mailes (2001) 53 NSWLR 251; [2001] NSWCCA 155 R v Tier [2001] NSWCCA 53; 121 A Crim R 509 Category: Principal judgment Parties: RE (Applicant) Regina (Respondent) Representation: Counsel: G Bashir SC / A Cook (Applicant) G Newton (Respondent)