R (Commonwealth) v Fielder [2022] NSWDC 689

District Court New South Wales

Medium Neutral Citation: R (Commonwealth) v Fielder [2022] NSWDC 689 Hearing dates: 23 November 2022 Date of orders: 23 November 2022 Decision date: 23 November 2022 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: The following findings were made: 1. Mr Fielder is unfit to be tried 2. There is a prima facie case in each matter. 3. It is not appropriate that the charges be otherwise dismissed. 4. Mr Fielder will not become fit within 12 months 5. Mr Fielder should not be detained in a hospital 6. Mr Fielder be released on conditions Orders and conditions at [52]-[53] Catchwords: CRIME - Possess/control child abuse material-use carriage service - Use carriage service to solicit child abuse material - fitness to be tried MENTAL HEALTH - Criminal proceedings – Commonwealth offences - fitness to be tried – procedures to be applied – Crimes Act 1914 Cth provisions applied - Mental Health and Cognitive Impairment Forensic Provisions Act (NSW) provisions picked up and applied MENTAL HEALTH — Criminal proceedings - fitness to be tried – person unfit to be tried - person will not be fit to be tried in 12 months - not appropriate to dismiss charges - conditional release Legislation Cited: Crimes Act 1900 NSW Crimes Act 1914 (Cth) Criminal Code 1995 (Cth) Evidence Act 1995 NSW Judiciary Act 1903 (Cth) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Cases Cited: Kesavarajah v The Queen (1994) 181 CLR 230; [1994] HCA 41 Ngatayi v The Queen (1980) 147 CLR 1; [1980] HCA 18 R v Presser [1958] VR 45 Category: Principal judgment Parties: Michael Fielder (the defendant) Commonwealth Director of Public Prosecutions Representation: Counsel: Mr A Brown (for Commonwealth Director of Public Prosecutions)