R v Honeysett (Fitness to stand trial) [2023] NSWSC 76

Supreme Court New South Wales

Medium Neutral Citation: R v Honeysett (Fitness to stand trial) [2023] NSWSC 76 Hearing dates: 07-09 February 2023 Date of orders: 09 February 2023 Decision date: 10 February 2023 Jurisdiction: Common Law - Criminal Before: Hamill J Decision: Mr Honeysett is fit to stand trial. Catchwords: CRIMINAL LAW – fitness to be tried – accused charged with murder – where accused suffers cognitive impairment – loss of memory of events – where memory existed shortly after the alleged offence – relevance to issues – criteria under mental health legislation – rudimentary and fatalistic understanding of plea of not guilty – "sit in gaol until they find you guilty" – conflict in expert opinion – matters of degree – ability of Court to modify process and sitting hours – support person for accused – difficulties in arranging – accused fit to be tried on understanding support available – recommendation to Legal Aid Commission – role of Director of Public Prosecutions Legislation Cited: Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), ss 37(1), 42, 43, 44, 46 Cases Cited: R v Drummond (Court of Criminal Appeal (NSW), 27 May 1994, unrep) R v Mark Joseph Smith [2008] NSWDC 23 R v Weazel [2013] NSWSC 856 Rigney v The Queen [2022] HCATrans 112 The Queen v Gregory Clive Griffith (Supreme Court (SA), 27 August 2008, unrep) Texts Cited: G Blake, K Ogloff and N Antolak-Saper, "Interpreting R v Presser: A Clinician's Guide to Contemporary Australian Fitness to Stand Trial Case Law" [2022] Psychiatry, Psychology and Law 1 Category: Principal judgment Parties: Rex (Crown) Jye Honeysett (Defendant) Saimone (Simon) Carberry (Defendant) Representation: Counsel: K Ratcliffe (Rex) R Mathur SC (Honeysett) T D Anderson SC (Carberry)