R v Lipohar [2024] NSWDC 374

District Court New South Wales

Medium Neutral Citation: R v Lipohar [2024] NSWDC 374 Hearing dates: 13 August 2024 Date of orders: 26 August 2024 Decision date: 13 August 2024 Jurisdiction: Criminal Before: Bennett SC ADCJ Decision: The Accused is Unfit for Trial Catchwords: Mental Health Fitness Hearing – Accused's fitness to stand trial Legislation Cited: Crimes Act 1900 s33(1)(b) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 Part 4 Cases Cited: Kesavarajah v The Queen [1994] HCA 41 Reg. v. Presser (3) (1958) VR 45 Category: Principal judgment Parties: Dushan James Lipohar (Accused) Rex (Prosecutor) Representation: Counsel: M Davies (Counsel for the accused) T Bailey (Crown) Solicitors: R Harrison (Defence) Office of the Director of Public Prosecutions File Number(s): 2023/00219775 Publication restriction: Nil

JUDGMENT

Introduction 1. Dushan James Lipohar was committed to the District Court of New South Wales for the following offence presented upon indictment in the following terms: On 10 July 2023, at Albury in the State of New South Wales, did wound James Wearing with intent to cause James Wearing grievous bodily harm. S 33(1)(b) Crimes Act 1900 Law part code 63628 1. It is uncontroversial that the question of fitness might be raised when it was in the prosecution sequence and that there was no need for the accused to be arraigned before the question is considered and determined. 2. It is also uncontroversial that the question of fitness was raised in good faith.