R v Fadel [2022] NSWSC 1192

Supreme Court New South Wales

Medium Neutral Citation: R v Fadel [2022] NSWSC 1192 Hearing dates: 02 September 2022 Date of orders: 02 September 2022 Decision date: 02 September 2022 Jurisdiction: Common Law Before: Hamill J Decision: (1) Mr Fadel 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 Fadel may become fit to be tried within the next 12 months, pursuant to s 47(1)(a) of the Act. (3) Mr Fadel is referred to the Mental Health Review Tribunal pursuant to s 49(1) of the Act. (4) Mr Fadel be remanded in custody pursuant to s 47(2)(d) of the Act. (5) I direct the Registrar to provide a copy of today's transcript, the exhibits, the submissions of counsel and the revised copy of this ex tempore judgment to the Mental Health Review Tribunal as soon as possible. (6) I recommend that the Department of Corrective Services and the Mental Health Review Tribunal give consideration to ensuring that Mr Fadel is accommodated in the most appropriate place for him to continue to receive treatment for his various conditions. 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" – no reason to not act on opinion of experts Legislation Cited: Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 36, 47, 49 Cases Cited: R v Risi [2021] NSWSC 769 R v Woodham [2022] NSWSC 1154 Category: Principal judgment Parties: Regina Bilal Fadel Representation: Counsel: J Tunks (Regina) M Breeze (Defendant)