R v He [2022] NSWSC 847

Supreme Court New South Wales

Medium Neutral Citation: R v He [2022] NSWSC 847 Hearing dates: 20 – 22 June 2022 Date of orders: 29 June 2022 Decision date: 29 June 2022 Jurisdiction: Common Law Before: Wilson J Decision: (1) The Court finds, on the balance of probabilities, that the accused, Weijie He, is fit to be tried for the murder of Liqun Pan. (2) The matter is adjourned to the arraignment list on 5 August 2022, for mention to fix a trial date (3) A Mandarin interpreter is to be requested for that day. (4) Bail is not applied for and is refused. Catchwords: CRIME – fitness hearing – accused cognitively impaired after sustaining a severe traumatic brain injury – conflict in expert evidence as to impact on impairment on fitness to be tried – evidence pointing to malingering Legislation Cited: Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Cases Cited: R v Dennison (Court of Criminal Appeal (NSW), 3 March 1988, unrep) R v Drummond (Court of Criminal Appeal (NSW), 27 May 1994, unrep) Russell v His Majesty's Advocate [1946] JC 37; [1946] SLT 93 Category: Principal judgment Parties: Regina (Crown) Weijie He (Accused) Representation: Counsel: P Hogan (Crown) M Dennis SC/G Harrison

Solicitors: Solicitor for Public Prosecutions (NSW) (Crown) Access Legal (Accused) File Number(s): 2021/17077 Publication restriction: Previously restricted to the parties pending resolution of trial proceedings or further order