R v Yeon [2024] NSWSC 360

Supreme Court New South Wales

Medium Neutral Citation: R v Yeon [2024] NSWSC 360 Hearing dates: 8 April 2024 Date of orders: 8 April 2024 Decision date: 08 April 2024 Jurisdiction: Common Law Before: Chen J Decision: (1) The accused, Jiman Yeon, is unfit to be tried pursuant to s 36 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) for the murder of Lindai Parker (and, to the extent necessary, the s 166 charge). (2) The accused, Jiman Yeon, on the balance of probabilities, will not become fit to be tried for the offence during the period of 12 months after this finding of unfitness pursuant to s 47(1)(b) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW). (3) Order the accused be remanded in custody. (4) List the matter in the arraignments list on 3 May 2024 for allocation of a date for a special hearing. (5) Direct that the Director of Public Prosecutions advise as to whether or not further proceedings (being a special hearing) will be taken against the accused for the murder of Lindai Parker. Catchwords: MENTAL HEALTH – criminal proceedings – fitness to be tried – where accused suffering from severe chronic treatment resistant schizophrenic illness – where experts agree that the accused is unfit to be tried under s 36 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) and will not become fit to be tried within 12 months – finding that the accused is not fit to be tried and will not become fit to be tried within 12 months Legislation Cited: Criminal Procedure Act 1986 (NSW) Mental Health Act 2007 (NSW) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Cases Cited: R v Risi [2021] NSWSC 769 R v Woodham [2022] NSWSC 1154 Category: Procedural rulings Parties: Rex (Crown) Jiman Yeon (Accused) Representation: Counsel: D Patch (Crown) M Avenell (Accused)