R v Woodham [2022] NSWSC 1154

Supreme Court New South Wales

Medium Neutral Citation: R v Woodham [2022] NSWSC 1154 Hearing dates: 29 August 2022 Date of orders: 30 August 2022 Decision date: 30 August 2022 Jurisdiction: Common Law Before: Hamill J Decision: (1) Mr Woodham is unfit to be tried pursuant to s 36 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) ("the Act"). (2) Mr Woodham may become fit to be tried within the next 12 months pursuant to s 47(1)(a) of the Act. (3) Mr Woodham is referred to the Mental Health Review Tribunal pursuant to s 49(1) of the Act. (4) Mr Woodham is remanded in custody pursuant to s 47(2)(d) of the Act. (5) I direct the Registrar to provide a copy of the transcript, exhibits and this judgment to the Mental Health Review Tribunal as soon as possible. (6) I recommend to the Mental Health Review Tribunal that Mr Woodham be assessed by an appropriately qualified expert to determine the extent of his cognitive impairment. Catchwords: CRIMINAL LAW – fitness to be tried – allegation of murder – where accused suffers chronic mental illness – schizophrenia – possible cognitive impairment – accused unfit to be tried – whether accused "will not become fit" within 12 months – degree of certainty required – appropriate test – absolute certainty not required – linguistic chasm between lawyers and psychiatrists – no real certainties in psychiatry Legislation Cited: Bail Act 2013 (NSW) s 22B Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) ss 36, 44, 47, 49 Cases Cited: Director of Public Prosecutions (NSW) v Day [2022] NSWCCA 173 Director of Public Prosecutions (NSW) v Van Gestel [2022] NSWCCA 171 Lloyd v R [2022] NSWCCA 18 Presser [1958] VR 45 R v Lailna [2021] NSWSC 1205 R v Risi [2021] NSWSC 769 Category: Principal judgment Parties: Regina Louis Woodham Representation: Counsel: N Keay (Regina) P Young SC (Accused)