R v Bouggas [2023] NSWSC 352

Supreme Court New South Wales

Medium Neutral Citation: R v Bouggas [2023] NSWSC 352 Hearing dates: 6 April 2023 Date of orders: 6 April 2023 Decision date: 06 April 2023 Jurisdiction: Common Law Before: N Adams J Decision: (1) The accused is unfit to be tried pursuant to s 36 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) ("the Act"). (2) The accused may become fit to be tried within the next 12 months pursuant to s 47(1)(a) of the Act. (3) The accused is referred to the Mental Health Tribunal pursuant to s 49(1) of the Act. (4) The accused is remanded in custody pursuant to s 47(2)(b) of the Act. (5) I direct the Registrar to provide a copy of the exhibits, transcript and this judgment to the Mental Health Tribunal as a matter of urgency. (6) I order that a copy of the orders I have made today be forwarded to the Commissioner for Corrective Services New South Wales as a matter of urgency. I recommend to Corrective Services New South Wales that the accused be transferred from Parklea to the Long Bay Hospital as a matter of urgency. Catchwords: CRIMINAL LAW – fitness to be tried – delusional and paranoid beliefs - accused not fit to be tried – whether may become fit in the next 12 months Legislation Cited: Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Cases Cited: R v Bouggas [2015] NSWSC 914 R v Lailna [2021] NSWSC 1205 R v Presser (1958) VR 45 R v Risi [2021] NSWSC 769 R v Woodham [2022] NSWSC 1154 Category: Principal judgment Parties: Rex (Crown) Chris Bouggas (Accused) Representation: Counsel: Mr P Hogan (Crown) Mr R Wilson SC (Accused)