R v Bidner [2022] NSWSC 1676

Supreme Court New South Wales

Medium Neutral Citation: R v Bidner [2022] NSWSC 1676 Hearing dates: 5 – 6 December 2022 Date of orders: 7 December 2022 Decision date: 07 December 2022 Jurisdiction: Common Law Before: Wilson J Decision: 1. The Court finds, on the balance of probabilities, that the accused, Adam Bidner, is fit to be tried for the murder of Shane Mears. 2. The matter is adjourned for mention to fix a trial date at 10am on 8 December 2022 before the Supreme Court, with leave to the parties to appear via AVL. 3. The accused is excused if legally represented. 4. Bail is not applied for and is refused. Catchwords: CRIME – murder – question of fitness raised immediately prior to trial – question of whether accused had sustained a traumatic brain injury – question of cognitive impairment – whether such impairment as might exist renders accused unfit Legislation Cited: Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Mental Health Forensic Provisions Act 1990 (NSW) Cases Cited: R v Presser [1958] VR 45 Category: Principal judgment Parties: Rex (Crown) Adam Bidner (Accused) Representation: Counsel: B Costello (Crown) M Hobart SC

Solicitors: Solicitor for Public Prosecutions (NSW) (Crown) Just Defence Lawyers File Number(s): 2020/00202106 Publication restriction: Nil

Judgment 1. HER HONOUR: On 14 November 2022 Adam Bidner was due to stand trial before this Court on an indictment charging him with the murder, on 5 July 2020 at Cessnock in this State, of Shane Mears, together with three associated charges. The trial was not able to proceed as the question of the accused's fitness to stand trial was raised by his legal representatives. 2. The matter was adjourned until 5 December 2022 for a Fitness Inquiry to be held.